Commentary

9.1 Use of ‘successors and assigns’ in general

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

9.1 Use of ‘successors and assigns’ in general

| Commentary

9: SUCCESSORS AND ASSIGNS

(For precedents of successors and assigns clauses, see Form 9.1 [1158] onwards.)

9.1 Use of ‘successors and assigns’ in general

Some agreements include a provision stating that references to a contracting party include its ‘successors and assigns’. Such references are typically part of the definitions of the parties, or in a separate boilerplate clause. Provisions of this kind may be useful for at least two reasons:

  1. (a)

        To avoid any doubt as to whether particular clauses refer only to the original contracting party. For example, if the contract includes an indemnity against losses suffered by a party to

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