| Commentary

40.1 Appointments clause

| Commentary

E: WHO IS RESPONSIBLE?

40: APPOINTMENT

(For appointment clauses see Form 40.1 [1612] onwards.)

40.1 Appointments clause

An appointments clause is usually an operative clause stating that one party is engaging the services of another party. Most often, this use of the word ‘appointment’ or an appointment clause is seen where the services of an agent, or a professional such as an architect or consultant, are needed.

Although the focus is usually towards the appointment of a person or organisation to carry out a service, it is also possible to use the operative clause for other (partly) non-services orientated tasks where one party wishes

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