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GLOSSARY
Doorstep selling means certain contracts for goods and services concluded between a trader and a consumer away from a trader’s place of business (an off-premises contract), for example at a consumer’s house or in the street.
GLOSSARY
A token or nominal rent (eg a peppercorn, red rose, £1.00) paid by way of consideration in order to form a legally binding lease contract and create a legal relationship between landlord and tenant.
GLOSSARY
Spot month describes, in commodities and other exchange‑traded derivatives, the contract month currently in or nearest to expiry-typically the delivery month for a physically settled futures contract, or the settlement month for a cash‑settled contract. It is the front expiring contract against which delivery obligations, last trading day and final settlement occur.The term is a market expression rather than a single statutory definition. Its precise meaning is set by exchange contract specifications and rulebooks (for example, ICE Futures Europe and Euronext; the LME uses daily prompt dates, where the nearest deliverable period performs the same role). In Ireland, MiFID II/MiFIR and related standards have historically imposed stricter position limits in the spot month; in the UK, post‑Brexit reforms place greater reliance on exchange‑set position management controls, which commonly include tighter spot‑month limits.Legal significance includes: determining applicable position limits and accountability thresholds; delivery and nomination windows; eligibility for hedging exemptions; margin and concentration add‑ons; and assessing squeeze/corner and market abuse risk. Compliance teams should track spot‑month exposures and notifications to the FCA or Central Bank of Ireland where relevant.Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, subject to the contract‑specific definition in the relevant rulebook.
PRECEDENTS
This Agreement is made on [date] Parties 1 [Customer] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Customer); and 2 [Supplier] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier) each of Customer and Supplier being a party and together Supplier and Customer are the parties. BACKGROUND (A) The Customer wishes to outsource the provision and management of its [describe function] services to the Supplier, in conjunction with the Customer’s appointment of a number of other service providers to provide related and/or interdependent services, and with whom the Supplier will be required to collaborate (along with any third party who the Customer may appoint to provide overall coordination and management of its multi-supplier ecosystem, on a service integration and management (SIAM) basis). (B) The Customer’s requirements are currently provided [internally OR by an associated company] [by insert name of existing supplier]. (C) The Supplier is experienced in the design, development and implementation of [describe function] services and has agreed to be responsible for the provision and management of the relevant
GLOSSARY
A liquidated damages clause is a clause whereby the parties to a contract fix in advance a sum of money to be paid by the defaulting party to the innocent party in the event of a breach.
GLOSSARY
The performance of services or other conduct indicative of acceptance of an offer can result in a contract being formed (Trentham v Archital Luxfer [1993] Lloyd's Rep 25 (unavailable)). The failure by a party to object to the other party's terms may over time, result in their acceptance (Balmoral v Borealis [2006] All ER (D) 378 Jul). In commercial dealings between parties who are familiar with the trade in question, and particularly where the parties have acted in the belief that they had a binding contract, the courts are willing to imply terms, where that is possible, to enable the contract to be carried out.
GLOSSARY
A promoter is personally liable for a contract made by or on behalf of a company when the company has not been formed where the promoter purports to act for the company.
GLOSSARY
A term which is imported into a contract, in addition to those expressly agreed by the parties. There are three broad categories of implied terms—those implied by statute, by common law and by fact.
GLOSSARY
The annual anniversary of a life contract at which point various options may be available to the policyholder to vary the terms of the policy, eg increase or decrease either the premium or the sum assured.
GLOSSARY
Agreement is broadly defined under EU and UK competition law so as to include activities ranging from a legally enforceable contract between two or more parties to an informal albeit clear understanding, whether entered into in writing or verbally.
GLOSSARY
A representation is a statement that is not a term of a contract but if turns out to be untrue may still give rise to a remedy, albeit on a restricted basis.
PRECEDENTS
This Agreement is made on [date] Parties 1 [Customer] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Customer); and 2 [Supplier] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier) each of Customer and Supplier being a party and together Supplier and Customer are the parties. BACKGROUND (A) The Customer wishes to outsource the provision and management of its [describe function] services to the Supplier. (B) The Customer’s requirements are currently provided [internally OR by an associated company] [by insert name of existing supplier]. (C) The Supplier is experienced in the design, development and implementation of [describe function] services and has agreed to be responsible for the provision and management of the relevant part of the Customer’s functions. (D) The Customer issued a request for proposal (RFP) on [date], the Supplier responded to the RFP (Response) on [date]. (E) On the basis of the Supplier’s Response and subsequent discussion between the parties the Customer has selected the Supplier to provide the Services to the Customer, subject to the terms and conditions set out in this Agreement.