Commercial clauses

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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...
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Produced in partnership with Athena Markides 20th Oct
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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16th Oct
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...
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14th Oct
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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14th Oct
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...
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30th Sep
Practice notes
This Practice Note summarises the key elements of guarantees and indemnities, the circumstances in which they are used, issues that beneficiaries and...
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25th Sep
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...
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25th Sep
Practice notes
This Practice Note considers implied terms in contracts for goods and services, being the implied terms incorporated into contracts for the sale and...
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25th Sep
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...
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25th Sep
Practice notes
This Practice Note considers heads of terms (also known as a memorandum of understanding (MoU), letter of intent (LOI), comfort letter, pre-contract...
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25th Sep
Practice notes
This Practice Note provides practical guidance on the execution of documents by companies after 6 April 2008 (being the date on which the relevant...
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25th Sep
Practice notes
IntroductionAs commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if,...
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25th Sep
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...
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25th Sep
Practice notes
This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...
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25th Sep
Practice notes
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...
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25th Sep
Practice notes
This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...
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25th Sep

Most recent Commercial clauses content

Practice notes
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...
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25th Sep
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 >
25th Sep
Practice notes
There are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as...
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25th Sep
Practice notes
IntroductionThis Practice Note discusses the rule against penalties and how it applies to interest rates in commercial contracts, including a...
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25th Sep
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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25th Sep
Practice notes
This Practice Note summarises the main issues arising in relation to price, payment terms and interest provisions in business to business contracts....
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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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 >
25th Sep
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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25th Sep
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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25th Sep
Practice notes
This Practice Note summarises the key elements of guarantees and indemnities, the circumstances in which they are used, issues that beneficiaries and...
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25th Sep
Practice notes
This Practice Note considers retention of title clauses, also known as reservation of title, ROT or Romalpa clauses. It considers the uses and...
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25th Sep
Practice notes
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...
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26th Sep
Practice notes
This Practice Note summarises key decisions on the enforceability of restraint of trade provisions (restrictive covenants) in commercial and corporate...
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26th Sep
Precedents
1Effective date1.1Effective date (specified future date, date of signature or specified previous date)This Agreement [[takes effect on [insert date]...
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26th Sep
Precedents
[Authorised Persons means a party’s [and its Group members’] officers, directors, members, partners, and any of [its OR their]...
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26th Sep
Precedents
1Interest on late paymentIf either party fails to make payment in accordance with this Agreement the other party shall be entitled, in addition to any...
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26th Sep

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