Commentary

40.3 Appointment clause—drafting points

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

40.3 Appointment clause—drafting points

| Commentary

40.3 Appointment clause—drafting points

  1. (a)

        Does the clause state that one party is asking another party to do something?

  2. (b)

        Is the thing (service, task, grant of rights) that is to be provided under the agreement clearly stated and with sufficient precision (either in the clause, by the use of a definition or in a schedule)? For example, where a clause appoints someone to do something, are there other provisions which specify the details, for example, what the appointed person is expected to do and when?

  3. (c)

        Is consideration (for example, a stated amount or something else of value)

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