Contract Law Archives | Page 2 of 3 | SEQ Legal

Identifying the parties to a contract

15 May 2012
Posted in Contract Law

The first thing I learnt as a trainee lawyer is that the parties to a contract should be properly and unambiguously identified.  I spent the next few years learning that non-lawyers routinely elide this principle – to the benefit of no-one, except lawyers. Consider the following contractual parties clause. This agreement is made on XXX […]

Read more

5 contract negotiation tactics to avoid

11 May 2012
Posted in Contract Law, Other

The success of most contract negotiation processes can be measured by: the quality of the resulting contract, in terms of faithfulness to the parties’ intentions, proportionality, certainty and clarity; the length of the process and the costs incurred during the process; and the resulting attitudes of each party with respect to the contractual documentation and, […]

Read more

Indemnities in IT contracts

20 Apr 2012
Posted in Contract Law, Information Technology Law

Should you include an indemnity in your IT contract?  And if so, what sort of indemnity?  Indemnities in IT contracts come in many different shapes and sizes.  Whether it is appropriate to include an indemnity in a given contract will depend upon a range of factors.  In this post, I explore some of these factors. […]

Read more

Contract liability caps under UCTA

06 Apr 2012
Posted in Contract Law

Contractual caps on the liability of a business must usually be reasonable if they are to be enforceable under English law.  There are various tools the courts use to control liability caps, but the Unfair Contract Terms Act 1977 is probably the most important.  UCTA applies to most business contracts, but there are exceptions (e.g. […]

Read more

What to do with website legal documents?

05 Apr 2012
Posted in Contract Law, Internet Law

So, you’ve got a new website.  You’ve got some T&Cs and a policy or two.  What now?  What should you do with your legal documents?  How should the documents be incorporated into the website? It would be nice if there were simple answers to these questions.  Something like: you should do X with your T&Cs […]

Read more

Reasonable endeavours vs best endeavours

05 Apr 2012
Posted in Contract Law

In the real world, individuals and organisations are constrained in all kinds of way, and such constraints may affect their ability to meet their contractual obligations.  For instance, a business may wish to complete a project for a client by a particular date, but all kinds of external factors – changes to specification, staff absence […]

Read more

Omit needless T&Cs

04 Jan 2012
Posted in Contract Law, Internet Law

How many legal documents should a website include?  This depends to an extent upon the nature of the website, but just as important are the inclinations of the website operator. Where possible, I try to limit the legal documents to two: a terms and conditions document and a privacy policy. The privacy policy is kept […]

Read more

Sole rights, exclusive rights and non-exclusive rights

01 Dec 2011
Posted in Contract Law

What is the difference between an exclusive grant of rights and a non-exclusive grant of rights? Is there any difference between an exclusive grant and a sole grant? In this short post, I try to answer these common contract-related questions. Many types of commercial contract feature the grant of rights by one person or company […]

Read more

Offer and acceptance online

08 Jul 2011
Posted in Contract Law, Internet Law

There are three fundamental requirements for the formation of a legally enforceable contract, and they are as applicable online as offline. First, the contracting parties must agree on the terms of the contract, through the issue and acceptance of a contractual offer. Second, they must intend to create a legally binding agreement. Third, the contract […]

Read more
SEQ Legal
Copyright © 2021 Docular Limited All rights reserved