Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Last month I attended a Lexis Nexis webinar on contract drafting for in-house lawyers. Last Friday I was able to attend an update on commercial contract law aimed more at private practice commercial lawyers, but that would also be interesting for in-house lawyers. The webinar was presented by Andrew Shindler of King & Wood Mallesons and by Paul Gardner of Osborne Clarke. It covered two main themes of the new Consumer Rights Bill, and recent cases on contract law and the drafting lessons that arise from them.
The Consumer Rights Bill is currently waiting for Royal Assent; the speakers considered the new rights and remedies for the supply of goods, services and digital goods, as well as the forthcoming rules on unfair terms.
They then moved onto the cases of interest. The first one was Dany Lions Ltd v Bristol Cars Ltd, which considered if a reasonable endeavours obligation to agree a contract with a third party was an agreement to agree and therefore unenforceable. This case illustrated that when drafting, you need to provide for the objective of the endeavours AND the objective criteria by which the performance of the obligations will be evaluated. It is also important to have specific terms defining the nature and extent of the obligations.
The next case to be considered was Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd, which considered a reference to “fri
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234