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GLOSSARY
A contract of guarantee is an accessory contract by which the promisor (i.e., the guarantor or surety) undertakes to accept liability on behalf of the promissee (i.e., creditor) for the debt, default or miscarriage of another person, whose primary liability to the promisee must exist or be contemplated.
GLOSSARY
Under the Financial Services and Markets Act (FSMA) 2000, a contract of insurance is any contract of insurance which is a contract of long term insurance or a contract of general insurance.
GLOSSARY
A contract of sale refers to the transfer of property in goods from the seller to the buyer which takes place at the time of the contract without conditions or under certain conditions at some time in the future.
GLOSSARY
The programme showing all the different activities required to complete the construction project and the duration of each resulting in an overall timetable for the works.
PRACTICE NOTES
A contract race arises when a seller instructs their solicitor to deal with two or more separate proposed buyers. In these circumstances, the seller’s solicitor should disclose the existence of the other prospective buyer or buyers to the original buyer or their solicitor. This Practice Note considers how this duty arises under the SRA Standards and Regulations, which came into force on 25 November 2019, when acting for a seller who intends to deal with more than one buyer at the same time. Sales by auction are not contract races; for content on auction sales, see Practice Notes: Selling property at auction and Buying property at auction. Historic position—the rules under the SRA Code of Conduct 2011 Chapter 11 of the SRA Code of Conduct 2011 (the 2011 Code) covered a solicitor’s relations with third parties. Outcome 11.3 of the 2011 Code applied to contract races. It provided that the seller's solicitor had to inform all buyers immediately of the seller's intention to deal with more than one
PRACTICE NOTES
This Practice Note explains the contractual requirements as between a firm—referred to as a principal—and its appointed representative (AR) under Chapter 12 of the Supervision manual (SUP 12) of the Financial Conduct Authority (FCA) Handbook. For an overview of an AR's appointment and activities, see Practice Notes: Appointed representatives and A principal's responsibility for its appointed representatives. New, more stringent requirements around principals and their ARs came into effect on 8 December 2022, including additional rules and requirements around the contracts between them. The information in this Practice Note reflects the FCA’s new rules and guidance in this regard. For more information on the new regime, see The new AR regime below and Practice Notes: Appointed representatives and A principal's responsibility for its appointed representatives. This Practice Note only covers contractual requirements as between an AR and its principal. It does not cover contractual requirements as between principal and principal, ie multiple principals. For guidance on multiple principals and responsibility for ARs, see Practice Note: Multiple principals and appointed representatives. Required contract terms A
PRECEDENTS
Please tick: ☐ Contract for review by the legal department attached ☐ Draft contract required 1 General information Requesting department [Insert department] Person(s) making the request [Insert name(s)] Contact details, including email address and best contact number of person(s) making the request [Insert contact details of requesting person(s)] Purpose of contract [Insert purpose of contract] Is
CHECKLISTS
Introduction It is important to ensure that when contracting in a business to business context, there is as much contractual protection for a party as its bargaining position will allow. This Checklist considers how certain key contractual clauses can manage risk in contracts and protect businesses (from the perspective of both supplier and customer) and how these clauses can be negotiated to gain maximum benefit from them. Key provisions General comments Payment Payment security Check that the entity you are buying from or selling to is financially secure by obtaining a credit check. Consider whether some form of payment guarantee is required, eg: • a parent company guarantee • a letter of credit or performance bond from a bank Customer Supplier Is the supplier financially able to meet your supply requirements? Will the customer be able to meet its payment obligations? Consider the need for credit insurance. It is important to continue doing credit checks on the customer throughout the duration of the contract to manage overall exposure to financial risks. Payment
PRECEDENTS
Agreement for [insert full agreement title as per the front page of the contract document, eg 'Agreement for the supply of services'] (the Agreement) SECTION 1: CONTRACT DETAILS—Commercial lead to complete [Insert a key explaining what is meant by each of these priority levels in your business, eg (if your company is supplier) 'High = business critical, will lose deal or result in significant customer dissatisfaction if not completed by deadline'] PriorityDeadline/critical dates: [Insert relevant date(s)]Priority level and, if 'High', specify reason:Routine □Medium □High □____________________________ (1) Parties [Insert full company name of your company] ('[insert capacity of your company, eg 'Supplier' or 'Customer']')[The correct contracting party can be confirmed with [insert relevant contact, ie Legal Department/Company Secretary]] Order ID/Contract reference: [Insert details]Account manager: [Insert details]Telephone: [Insert details]Mobile: [Insert details]Email: [Insert details]Responsible Business Unit: [Insert details]Responsible Business Owner: [Insert details, eg Procurement Director or Head of IT Services] [Insert full company name of other party] '[insert capacity of your company, eg 'Supplier' or 'Customer'][Registered office address and company number can be obtained from a Companies House search]  Company number: [Insert details]Registered office
GLOSSARY
The price the employer agrees, pursuant to the contract'>building contract, to pay for the carrying out and completion of the works by the contractor.
GLOSSARY
An analysis or breakdown of the contract sum. A contract document under JCT Design and Build Contract.
PRACTICE NOTES
This Practice Note brings together the following frequently asked questions relating to the termination of commercial business-to-business (B2B) contracts: • What is the process for bringing a contract or deed to an end and replacing it with a new one? • Can I terminate a contract on reasonable notice? • What are the requirements for giving notice of termination? • We want to terminate for the other party’s breach. What do we need to consider? • To what extent can a clause survive termination? • Will force majeure or frustration terminate a contract? • What is the impact of section 233B of the Insolvency Act 1986? • Are there any special considerations for termination of agency agreements? • Are there any special considerations for termination of distribution agreements? • Are there any special considerations for termination of franchise agreements? • Will the death or incapacity of a party bring a contract to an end? • Is it possible to terminate an agreement in part only? Commercial contracts may be brought to an end in a number of different