Commentary

45.1 ‘No partnership’ etc clauses

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

45.1 ‘No partnership’ etc clauses

| Commentary

45: NO PARTNERSHIP OR AGENCY

(For ‘no partnership’ etc clauses see Form 45.1 [1674] onwards.)

45.1 ‘No partnership’ etc clauses

Commercial agreements sometimes include provisions stating that one party cannot bind or act on the behalf of another party except as specifically provided in the agreement. This issue is particularly relevant where the agreement provides for a long-term or collaborative relationship between the parties.

If the wording is not clear or the provisions of the agreement are complex and/or there are many parties, it may not be clear whether the parties intend there to be an agency or partnership.

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