Getting the Deal Through: Commercial Contracts 2021

The following In-house Advisor practice note provides comprehensive and up to date legal information covering:

  • Getting the Deal Through: Commercial Contracts 2021
  • Jurisdictions covered
  • Questions

Getting the Deal Through: Commercial Contracts 2021

Jurisdictions covered

The following jurisdictions are covered in this report:

Australia; Canada; China; Egypt; Germany; Italy; Japan; Philippines; South Africa; Spain; Sweden; Switzerland; Ukraine; United Kingdom; USA

Questions

The set of questions relating to the topic of Commercial Contracts and answered by the guide for each jurisdiction covered include:

  1. Is there an obligation to use good faith when negotiating a contract?

  2. How are ‘battle of the forms’ disputes resolved in your jurisdiction?

  3. Is there a legal requirement to draft the contract in the local language?

  4. In what circumstances are signatures or any other formalities required to execute commercial contracts in your jurisdiction? Is it possible to agree a B2B contract online (eg, using a click-to-accept process)? Does the law recognise the validity of electronic and digital contract signatures? If so, how are they treated in comparison to wet-ink signatures?

  5. Are there any statutory or other controls on parties’ freedom to agree terms in contracts between commercial parties in your jurisdiction?

  6. Are standard form contracts treated differently?

  7. What terms are implied by law into the contract? Is it possible to exclude these in a commercial relationship?

  8. Is your jurisdiction a signatory to the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention)?

  9. Is there an obligation to use good faith when entering and performing a contract?

  10. What

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