Commentary

45.4 Drafting points—no partnership or agency clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

45.4 Drafting points—no partnership or agency clause

| Commentary

45.4 Drafting points—no partnership or agency clause

  1. (a)

        In commercial agreements, there should be a clear statement that:

    1. (i)

          a party is acting as agent for another (for example, if a parent company signs an agreement on behalf of itself and its subsidiaries); or

    2. (ii)

          the relationship between the contracting parties is not one of agent and principal or one of partnership. Sometimes parties will go further and include obligations on the parties not to represent to any other person that they have any authority to make commitments on each other’s behalf.

  2. (b)

        If there is a form of

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