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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
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