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Q&As
It is assumed that the query relates to a general commercial contract. A fixed-term contract exists where the parties have agreed a specific duration for the contract. The contract will automatically expire when that period has run its course. Where an agreement is for a fixed term, in the absence of repudiatory breach, the contract cannot be terminated before the expiration of that period unless the contract allows the parties to do so
Q&As
What is a smart contract and how might it be used? Smart contracts are computerised transaction protocols that execute the terms of a contract automatically, without the requirement of third party involvement. In other words, smart contracts are coded instructions which execute on the occurrence of an event (or events) and self-monitor the terms of the contract. A smart contract consists of the following elements: • two or more parties • the transfer of value from one to another, and • implementation of the contract without human involvement (once the smart contract has been coded) See: Law firms, artificial intelligence and smart contracts: (2016) 3 JIBFL 164 for more information. Smart contracts use blockchain technology to record and execute transactions. The term ‘blockchain’ was defined in a 2016 report by the government as: 'a type of database that takes a number of records and puts them in a block (rather like collating them on to a single sheet of paper). Each block is then ‘chained’ to the next block, using
PRACTICE NOTES
An introduction to contracts for the sale and purchase of commodities Contracts for the sale and purchase of commodities lie at the heart of international trade. A single transaction for the sale of a particular commodity is likely to involve a number of other contracts or commercial transactions including but not limited to: • a contract for the transportation of the commodity by sea and, perhaps, by road and/or rail • a contract of insurance • the execution of a bill or exchange or the opening of a letter of credit or other documentary credit Many, but not all, disputes arising out of contracts for the sale of commodities and other related contracts will be determined in arbitration. As will be discussed below, many of the bodies that produce standard form contracts or other services for a particular trade or trades also provide arbitration services. For more information on commodities arbitration, see Practice Note: Commodities arbitration—trade associations and arbitration rules. The focus of this Practice Note is on contracts for the sale
FLOWCHARTS
This flowchart illustrates the interim payment process in the JCT Design and Build
PRACTICE NOTES
A contract of employment is formed by offer, acceptance and consideration, and the ordinary principles of contract law apply. That aside, employment is heavily regulated and often standard-form terms apply. Terms may be set by statute, regulation, EU law and collective agreements, leaving employees with little real scope to negotiate. The inherent imbalance of bargaining power does not stop it being a contract, but it does shape how courts read and imply terms. An employment contract may be written or oral, however, employers must furnish a written statement of terms after one months’ service under s 3 of the Terms of Employment (Information) Act 1994 (Ireland) (TE(I)A 1994 (IRL)) (as amended by SI No 686/2022 European Union (Transparent and Predictable Working Conditions) Regulations 2022 (Ireland) (EU(TPWC) Regulations 2022 (IRL)), reg 5). That statement records conditions but is not the whole contract. See further Practice Note: Ireland—Written statements of employment terms. Contractual terms can come from multiple sources, for example, the written agreement, the statutory statement,
NEWS
Construction analysis: On 5 March 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Construction Management Contract and Management Building Contract, alongside 2024 editions of Framework Agreement, Dispute Adjudication Board Documentation, Adjudication Agreement, and Project Bank Account Documentation. In this analysis, we focus on the Management Building Contract, and look at how it differs from its 2016 equivalent.
Q&As
We have assumed that the question relates to the execution of a scanned version of a contract or deed. We would like to refer
Q&As
This Q&A focuses on the position of an application programming interface (API)/website owner wishing to include a provision in its terms and conditions to the effect that unilateral changes to its terms and conditions are permitted on the provision of notice. Does UCTA 1977 apply to B2B contracts? The Unfair Contract Terms Act 1977 (UCTA 1977) applies exclusively to business-to-business (B2B) contracts. Before the Consumer Rights Act 2015 came into force, the provisions of UCTA 1977 generally applied to both consumer and B2B contracts but, from 1 October 2015, the application of UCTA 1977 to consumers was excluded. General contract variation principles The general principle is that a variation of a contract (whether the contract is made by way of terms and conditions or otherwise) requires the consent of both parties and is invalid if there is no consideration (see: Varying a contract—overview and Practice Note: When is variation of a contract
PRECEDENTS
Signed by [insert name of member or other authorised signatory] for and on behalf of [insert name of limited liability partnership] .................................................[signature of member or other authorised signatory] [Member OR Authorised signatory] Option 2—contract executed by a limited liability partnership under its common seal, where the limited liability partnership agreement mirrors the model articles and the authorised signatory is an individual Executed by [insert name of limited liability partnership] by affixing its
Q&As
This Q&A focuses on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. As a general rule, PCR 2015, SI 2015/102 gives bidders a significant degree of freedom to develop their bid partnership and supply chain arrangements as they see fit. PCR 2015, SI 2015/102, reg 63(1) provides that bidders may rely on the capacities of other entities for the purposes of meeting the selection criteria relating to economic and financial standing, as well as technical and professional ability. PCR 2015, SI 2015/102, reg 63(7) operates as a minor exception to this, allowing contracting authorities to require that certain ‘critical tasks’ in a public services contract or public works contract be performed by the prime contractor or one of a group of prime contractors. In other words, bidders generally cannot be prevented from using their own suppliers for the purposes of performing