Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues

Legal Research

Q&As
How do the English courts interpret the term ‘special damages’ in the context of a contractual limitation of liability provision? How is US-specific...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Sep
Q&As
Is it possible to draft a jurisdiction clause which is neither exclusive or non-exclusive but offers a middle ground?This Q&A relates to drafting...
13th Sep
Q&As
Is a dispute resolution clause still binding between the parties when a contract terminates?This Q&A focuses on whether a dispute resolution clause is...
13th Sep
Q&As
As an alternative to executing a deed of variation, is it possible for all original parties to execute a new deed (with all the amendments included)...
13th Sep
Q&As
Do you have examples of cases and Commentary where a limitation of liability for negligence in a business-to-business sale of goods agreement was...
13th Sep
Q&As
What termination notice period can be implied into a verbal business-to-business contract for services?The Practice Note: Termination and expiry of...
13th Sep
Q&As
I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...
Produced in partnership with XXIV Old Buildings 13th Sep
Q&As
What is the significance of the words ‘warrants’ and ‘undertakes’ in a contractual obligation?An undertaking is a promise that one party will do...
Produced in partnership with Steven Murray of Harrison Clark Rickerbys 13th Sep
Q&As
Is a contract enforceable if it has been signed but not dated?It is difficult to envisage any circumstances where a contract would be void or...
Produced in partnership with Richard Colbey of Lamb Chambers 13th Sep
Q&As
Is the use of ‘and/or’ considered best drafting practice in commercial agreements? How do the courts interpret the use of this phrase?Where parties...
13th Sep
Q&As
If the name of a company is set out as a party to a contract but the company registration number is for a different company, which is the contracting...
13th Sep
Q&As
Is a force majeure clause enforceable in a business-to-consumer contract because of coronavirus (COVID-19)?Traders seeking to rely on force majeure...
13th Sep
Q&As
Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?In...
13th Sep
Q&As
We have an insurance policy which both covers and excludes a particular risk. Linked to this is the use in the policy of the words ‘and/or’. Do you...
13th Sep
Q&As
What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?A framework...
13th Sep
Q&As
Can wasted time be claimed as damages?When dealing with a claim for financial loss, a party may claim damages for wasted staff time if those staff...
13th Sep

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