Philip Lee

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Contributions by Philip Lee Experts

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Ireland—Drafting term and termination clauses—commercial contracts
Ireland—Drafting term and termination clauses—commercial contracts
Practice Notes

Term and terminationWhere an agreement is silent as to contract duration or termination, in the event of a dispute, the Irish courts will apply common law principles to determine what the parties intended. To avoid uncertainty, it is common to include express contractual clauses which provide for the duration and termination of a contract. In general, contractual rights to terminate are in addition to, and not in substitution for, common law rights. This Practice Note focuses on contractual provisions regarding term and termination in a general commercial context, why they should be carefully considered and how they may interact with common law principles.Irish practitioners should be clear in their understanding of the underlying common law principles and draft carefully to avoid confusion and unintended consequences.In this Practice Note, references to ‘term’ are generally intended to refer to the duration of the contract.When drafting or reviewing the term and termination clauses, it is important to consider the contract as a whole and any other provisions in the contract which

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