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Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...
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9th Nov
Practice notes
This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...
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Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...
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Produced in partnership with Tim Wright of Fladgate 12th Jan
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...
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9th Nov
Precedents
Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...
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9th Nov
Precedents
Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
Precedents
[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...
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9th Nov
Practice notes
This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...
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Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan
Practice notes
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...
Read More >
9th Nov
Precedents
Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov
Precedents
DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...
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Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Commercial clauses content

Precedents
Defined terms: This precedent schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and...
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12th Apr
Precedents
This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...
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12th Apr
Precedents
This Precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than...
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12th Apr
Practice notes
This Practice Note provides practical guidance for general commercial practitioners on points to consider when drafting a business to business...
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9th Apr
Practice notes
Term and terminationThis Practice Note provides an overview of the different methods for drafting term and termination clauses in commercial contracts...
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Produced in partnership with Matthew Hattersley and Stephanie Shepherd of Clarion 8th Apr
Practice notes
The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public...
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8th Apr
Practice notes
This Practice Note explains the purpose and significance of time of the essence clauses in commercial contracts. It explains the general rule and...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
This Practice Note considers the point at which property, title and risk pass from a seller to a buyer in a supply of goods transaction depending upon...
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8th Apr
Practice notes
This Practice Note provides a step-by-step process for analysing and invoking a force majeure clause. It must be read in conjunction with Practice...
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8th Apr
Practice notes
Contractual set-off is one of the five main types of set-off described in Practice Note: Types of set-off.Contractual set-off arises where a right of...
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8th Apr
Practice notes
Whether or not reliance on a force majeure clause will be successful depends on the precise wording of the clause and the commercial context of and...
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8th Apr
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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8th Apr
Practice notes
Background to the Corporate Insolvency and Governance Act 2020 (CIGA 2020)Spurred on by the coronavirus (COVID-19) pandemic and a desire to mitigate...
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8th Apr
Practice notes
This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the...
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8th Apr
Q&As
The Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986) as part of a package of...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of Brexit on contractual commercial clauses in advance...
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8th Apr
Practice notes
IntroductionOne of the purposes of a commercial contract is to allocate risk and liability through, for example, the provision of indemnities. In this...
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Produced in partnership with Frank Thompson and Tomás Mac Gearailt of Eversheds LLP 25th Mar
Precedents
1Payment by letter of credit1.1The Buyer must within [insert figure, eg 21] days open an irrevocable letter of credit with [insert name of issuing...
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24th Mar

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