Contracts: clause bank

View Commercial by content type:

Practice notes

Precedents

Q&As

Featured Commercial content

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...

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...

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...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

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

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...

Produced in partnership with Quentin Tannock of 4 Pump Court 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

Information society services and e-commerce

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

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

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 9th Nov

Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...

9th Nov

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 9th Nov

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

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 9th Nov

Most recent Contracts: clause bank content

Q&As

Can a deed be signed abroad and witnessed by a foreign national?

This response assumes that the deed is executed by an individual.This response excludes execution under seal, by electronic signatures, by...

Produced in partnership with Cecilia Xu Lindsey of 9 Stone Buildings 1st Dec

Q&As

In the case of a tri-partite deed which has already been signed and executed by one party, is it possible for each of the two unsigned execution blocks to be amended to enable signature and execution in an alternate but valid way by the other two parties? If so, would the party which has already signed and executed, be required to sign and execute again?

We have assumed that:•the deed is a deed of participation to join a master trust pension scheme. The employer is the party which has already signed,...

1st Dec

Practice notes

Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations

DefinitionsThis Practice Note using a number of definitions:•Hague Convention—Convention on Choice of Court Agreements concluded on 30 June 2005 at...

1st Dec

Brexit

Precedents

Dispute resolution clause

1Dispute resolution—short form1.1If any dispute arises between the parties out of, or in connection with, this Agreement, the matter shall be referred...

1st Dec

In-house

Q&As

Can a deed be witnessed electronically using an e-signing platform?

Formalities for a deedThe following are the necessary requirements for a deed:•it must be in writing•it must make it clear that it is intended to be a...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Dec

Q&As

Where a notice clause contains an address for notice that is no longer valid, but a change has not been notified in accordance with the provisions of the contract, will a notice served at the new registered office of a (corporate) party be valid?

Contractual notice provisions may be permissive or mandatory and validity of a notice will depend on the type of clause:Permissive notice...

30th Nov

Q&As

Do you have any contractual clauses dealing with a party's readiness for Brexit or concerns that Brexit will impact a party's ability to perform its contractual obligations?

It is assumed that the contract is a business-to-business commercial contract.You may wish to consider the following:•Brexit—warranty for commercial...

30th Nov

Precedents

Service level agreement

1Definitions1.1In this Schedule:Business Day•means any day which is not a Saturday, Sunday or a public or bank holiday in England;Change Control...

30th Nov

In-house

Precedents

Executing documents—training materials

These Training Materials provide an introduction to execution and cover the principal areas of executing simple contracts and deeds and the key...

30th Nov

Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

30th Nov

COVID-19

In-house

Q&As

When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the Powers of Attorney Act 1971 cover any type of decision to be made about the business (eg employment of staff or dealing with the lease of the business premises) or should these be included as separate clauses?

A power of attorney is a document which enables a person (the donee) to take steps as if those steps were taken by another person (the donor). It is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov

Q&As

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

This Q&A explains when it is possible to remedy a mistake made in an executed deed by manuscript amendment and the surrounding issues of which to be...

Produced in partnership with Emma Holland of Stewarts Law 29th Nov

Practice notes

When does VAT apply?

A transaction must have five elements for UK VAT to be chargeable. It must:•be a supply of goods or a supply of services•be a taxable supply•take...

29th Nov

Practice notes

What is VAT?

It is common knowledge that value added tax (VAT) is a tax which increases the price of goods and services that consumers in the UK buy. For a tax...

29th Nov

Q&As

Is there any guidance as to the appropriateness of defining ‘Control’ as either (a) in accordance with section 1124 of the Corporation Tax Act 2010, or as (b) the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of the company?

The Drafting Notes to clause: Control definition state:‘…two options are offered in the suggested definition of the term “control”. The first option...

29th Nov

Q&As

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor?

The requirements of the Landlord and Tenant Act 1954Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for limited security of tenure for...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 29th Nov

COVID-19

Q&As

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature.

The practice of electronic signing of documents has risen in popularity in recent times, and has accelerated further as a result of the coronavirus...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov

COVID-19

Q&As

What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006? Would the definition of group company in LTA 1954 catch a company held by the same ultimate holding company but not the same immediate parent company?

Section 42 of the Landlord and Tenant Act 1954 (LTA 1954) applies to group companies in respect of tenancies that are subject to the provisions of LTA...

29th Nov

Practice notes

Executing deeds and documents in property transactions—charities

Incorporated v unincorporated charitiesThere are currently a number of incorporated or unincorporated structures that are adopted by...

29th Nov

Precedents

Personal data processing schedule—short form—pro-processor

This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...

29th Nov

First
1
2
3
4
5
Last

Contracts: clause bank

View Commercial by content type:

Featured Commercial content

Fiduciary Duties

Mistake in contract law

Repudiation

Contract variation

Most recent Contracts: clause bank content

Popular documents

Wounding or causing grievous bodily harm with intent

Involuntary manslaughter

Third party rights—the common law doctrine of privity of contract

Loan Market Association (LMA)—news on documentation [Archived]

Contact Us

Popular Links

Policies

Follow us