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Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

Practice notes

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

9th Nov

In-house

Practice notes

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...

9th Nov

Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Precedents

Consignment stock agreement—pro-supplier

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-19

Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

In-house

Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...

9th Nov

In-house

Practice notes

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

9th Nov

Practice notes

Agency and distribution compared

BrexitBrexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement,...

9th Nov

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Precedents

Intra-group services agreement

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Agency content

Precedents

Sales and marketing agency agreement for goods—exclusive—pro-principal

This Agreement is made on [date]Parties1[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered...

Produced in partnership with Carolyn Burbridge of William Grace 19th Jan

Precedents

Sales and marketing agency agreement for services—exclusive—pro-agent

STOP PRESS: This Precedent is currently being reviewed as part of our quality control processes, so that we can undertake checks on the document...

Produced in partnership with Carolyn Burbridge of William Grace 19th Jan

Precedents

Sales and marketing agency agreement for services—non-exclusive—pro-agent

STOP PRESS: This Precedent is currently being reviewed as part of our quality control processes, so that we can undertake checks on the document...

Produced in partnership with Carolyn Burbridge of William Grace 19th Jan

Practice notes

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

19th Jan

Practice notes

What does IP completion day mean for agency?

The implementation period put in place to enable the UK to transition away from the EU’s laws and institutions ended at 11 pm (GMT) on 31 December...

19th Jan

Precedents

Sales and marketing agency agreement for services—non-exclusive—pro-principal

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Carolyn Burbridge of William Grace 18th Jan

Practice notes

Getting the Deal Through: Distribution & Agency 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Belgium; Canada; China; Finland; Germany; India; Puerto Rico; Turkey;...

16th Jan

Practice notes

The UK criminal cartel offence

The creation of the Competition and Market Authority (CMA) was accompanied by a radical change in the element of the criminal cartel offence the...

Produced in partnership with Kingsley Napley 15th Jan

Precedents

Sales and marketing agency agreement for services—exclusive—pro-principal

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Carolyn Burbridge of William Grace 15th Jan

Practice notes

Scope and authority of the agent

This Practice Note describes the nature and degree of an agent's authority which is conferred upon it by the principal, subject to some limitations....

15th Jan

Practice notes

Termination of agency

This Practice Note examines the events and situations that may bring an agency arrangement to an end and the consequences of termination of an agency...

15th Jan

Practice notes

Sub-agency

This Practice Note discusses the personal nature of an agency relationship, and the circumstances in which the agent may delegate its authority to a...

15th Jan

Practice notes

Commercial agency

This Practice Note considers the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 covers the...

15th Jan

In-house

Practice notes

Termination of commercial agency

This Practice Note covers how the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 govern the...

15th Jan

In-house

Practice notes

Nature and types of agency

This Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the principal and the agent including...

15th Jan

Practice notes

Relationship of commercial agent and principal

This Practice Note explains the relationship between a commercial agent and a principal as provided by the Commercial Agents (Council Directive)...

15th Jan

Practice notes

Non-compete clauses in commercial agreements

This Practice Note considers non-compete clauses in commercial agreements. Non-compete clauses are contractual obligations restricting a party from...

15th Jan

In-house

Practice notes