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The battle of the forms: Will my standard terms of business prevail?

The battle of the forms: Will my standard terms of business prevail?

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?

Dispute Resolution: Is a deposit always non-refundable?

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?

Commercial Contracts – why can’t I recover all my loss?

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...
Commercial Contracts and ADR Clauses – Who said they were optional?

Commercial Contracts and ADR Clauses – Who said they were optional?

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...