In many commercial agreements, reliance is placed on a contracting party's so-called standard terms and conditions; a sometimes complex and lengthy set of terms. This article from ENS looks at what happens when both contracting parties incorporate their own standard terms and conditions.
Law Firm: ENS (Edward Nathan Sonnenbergs) | Published: 17 January 2012 | Practice Area: Boilerplate
This corporate update offers a diverse mix of topical issues affecting companies, directors and shareholders. This edition includes a review of a recent case on the viability of withholding consent in a commercial context to recent developments in employment, pensions and property law.
Law Firm: Mills & Reeve | Published: 12 December 2011 | Practice Area: Corporate Governance
Endeavour clauses provide that a party is required to use certain levels of 'endeavour' to comply with an obligation. This briefing offers a general overview to the endeavour clause and its associated risks, and provides a series of steps which add certainty and clarity to endeavour clauses.
Law Firm: Shoosmiths | Published: 05 December 2011 | Practice Area: Warranties
Contracting parties are required to keep their bargains. The fact that performance subsequently becomes more difficult or less profitable does not excuse them from liability. However, Wragges explains how there are some exceptions: occasions when the obligation to perform is relaxed or released.
Law Firm: Wragge & Co | Published: 11 November 2011 | Practice Area: Boilerplate
Force majeure is a clause commonly found in commercial agreements, which states that parties will not be liable for any delay in performance of obligations upon the occurrence of certain extraordinary events. This briefing outlines its effective use in contracts as well as some common pitfalls.
Law Firm: Shoosmiths | Published: 27 October 2011 | Practice Area: Boilerplate
Boilerplate appears in most contracts but is often ignored. In this video from Wragges, David Lowe outlines what exactly boilerplate is used for and the benefits it offers. Along the way, third party rights, 'entire agreement' clauses, 'no waiver' clauses and severance are discussed.
Law Firm: Wragge & Co | Published: 15 September 2011 | Practice Area: Boilerplate
The statutory framework that governs all construction contracts is changing on 1 October, inclduing a number of key changes to Part II of the Housing Grants, Construction and Regeneration Act 1996. Eversheds reports.
Law Firm: Eversheds | Published: 28 July 2011 | Practice Area: Construction
Legal Week presents the first instalment of our new online panel show for in-house lawyers. Fuelled by the most popular briefings from legalweeklaw.com, the panel explores force majeure clauses, alternative fee arrangements, the Bribery Act, employment law and document retention.
Law Firm: Legal Week Video | Published: 04 July 2011 | Practice Area: Financial Crime and Fraud
With effect from 1 June 2011, financial institutions, and governments that are active in Iran’s energy sector may be banned from doing business with the State of California. This briefing from Mayer Brown discusses the impact of the state’s new act.
Law Firm: Mayer Brown | Published: 30 June 2011 | Practice Area: Cross-border: Commercial and International Trade
In this article Habib Al Mulla & Company looks at what needs to be present for misrepresentation to exist, including an intentional, deliberate action or inaction, to deceive by fraudulent means.
Law Firm: Habib Al Mulla & Company | Published: 14 April 2011 | Practice Area: Boilerplate
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