Tag: contract process

Why risk it?

Do you know your place? According to the English courts, the very idea that a sophisticated contract was negotiated with the host of a posh drinks reception at the Wallace Collection, London would have been ‘socially dysfunctional and commercially inappropriate‘. A company specialisting in advice for mergers and acquisitions (Moorgate

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Can you rely on heads of terms?

If you don’t have a signed contract, you are creating trouble for yourself. To prove your rights and remedies, you will need to overcome various evidential hurdles to prove the 5 requirements for a contract. What happens when your carefully crafted contract is lost from a computer late at night,

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What is unjust about unjust enrichment?

Once your chat in a posh drinks reception is not upheld as a contract, you might want the court to consider if you are entitled to some money on the basis of ‘unjust enrichment’. A claim for unjust enrichment is not a claim in contract law, but in a much

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Is Your Contracting Easy for Clients?

I love it when ideas from another industry make sense for contracts. Gavin Scott of Loaf training was talking at the Professional Speaking Association about customer service. He said that 34% of client loyalty comes from being easy to deal with. Lightbulb! Contracts are one of the first elements of

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Review Your Contract: No Need!

Frankly there are some clauses in contracts which are little more than plastering over the cracks in poor relationships or in the pre-contract process. When reviewing your contract you should beware any of my ‘favourites’ (I use that term loosely): cancellation ‘we can terminate your contract if you don’t have

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Winning the Contract Battle

Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some

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Contracting as a Process

In a series of articles for journals and LinkedIn, I have outlined my view of contracting as a process, rather than treating contracts as stand-alone documents and their creation as drive-by events. A contract process maturity model This is a tool designed to refine this idea and future-proof your contracting

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Signatures Are Not Required

Getting a contract wet signed (pen & ink) is becoming increasingly difficult when many clients are virtual, businesses do not have offices, and the cost of postage outweighs the benefits. In the construction industry, parties often start with the intention of getting a signed contract, but these good intentions are

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One-upmanship or trust?

Alan Sugar once said: I have always been an honest trader. I come from a school of traders where there was honour in the deal. No contracts, just a handshake and that’s it, done. That’s the way I prefer to do business… Can You Contract with a Handshake? looked at

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