The battle of the forms: Will my standard terms of business prevail? The term ‘battle of the forms’ refers to a common scenario where businesses seek to enter into a contractual agreement, with each respective business attempting to incorporate its own standard terms...
Dispute Resolution: Is a deposit always non-refundable? Frequently disputes occur regarding deposits and whether they are refundable if a purchase does not complete for whatever reason. In law there is no requirement for a buyer to pay or a seller to demand a deposit....
Commercial Contracts – why can’t I recover all my loss? The basic position is that if Party A fails to comply with its obligations under a contract with Party B – Party B is entitled to damages to compensate it for its loss. Damages is not the only remedy...
In the Electronic Age: Beware of Entering into Contracts Without Intending to It is of course well known that a contract can be made orally without any letter/order form/email in sight. The difficulty with oral contracts is generally proving what the agreed terms...
Commercial Contract Disputes – Will Brexit allow you to Terminate the Contract? In future, the implications of Brexit are likely to give rise to several contract disputes in relation to issues such as price, distribution of goods and future changes in EU standards...
Commercial Contracts and ADR Clauses – Who said they were optional? Most Commercial Contracts will have an ADR (Alternative Dispute Resolution) clause that requires the parties to engage in non-Court methods to resolve a dispute rather than launching straight into...
