Q&As
What does the term 'deliver up' mean in a B2B contract? Is there a difference between cases where the equipment is easily movable and not easily moveable?
This Q&A covers a situation where:
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A and B are the commercial contracting parties to an arm’s length business-to-business (B2B) contract
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the term 'deliver up' is a contractual term used in the context of a contractual obligation between A and B to perform an activity within the normal course of the contract, absent any insolvency situation, and distinct from a term relating to the usual ‘delivery’ of goods from a seller to a buyer
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the contract is subject to the laws of England & Wales and the performance and property in question is located in England & Wales
This Q&A focusses on guidance and rules for contractual interpretation, and case law concerning the term 'deliver up'. It does not consider the term 'delivery up' in the context of the Insolvency Act 1986 (IA 1986).
Matters you may wish to consider may include (but are not limited to):
Contract interpretation
When determining
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