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  • Tips & Advice You & Your Business - Is coronavirus a “force majeure” event?
    Most commercial contracts include a “force majeure” clause. They allow one or both parties to escape contractual liabilities where events outside of their control arise. Is coronavirus a force majeure event?
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  • Tips & Advice You & Your Business - It’s 2020 - don’t shorten it to 20!
    It’s 2020 - don’t shorten it to 20!..Matter of fact. When you enter into a contract, it will almost certainly have a start and/or completion date. It may seem a rather odd thing to say, but now that it’s 2020 you should write the year of the date in full, i.e. 2020 or 2021, as opposed to 20. Why is this? The first reason is that it will prevent someone altering the document. Another number could easily be added to the end of 20, e.g. to make it, say, 2019 or 2018. In some circumstances, this will have...
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  • Tips & Advice You & Your Business - Q&A - is no deal Brexit a force majeure event?
    Q&A - is no deal Brexit a force majeure event?..Q. Our commercial contracts always contain a force majeure clause. In the event there’s a no deal Brexit, could that be considered a force majeure event or not? A. A force majeure clause is a contractual provision which allows one or both parties to withhold the performance of their obligations if certain circumstances arise which are beyond their control. There is no legal definition of a force majeure event; this is matter for agreement between the parties...
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  • 600+ Business Solutions - No right to a refund?
    You placed an order for some new goods. On delivery, they weren’t up to scratch so you complained to the seller. It says that it only has to offer replacement items, but no refund. Is this correct?
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  • 600+ Business Solutions - What is tortious liability for breach of contract?
    A company’s director and its sole funder have been found liable in an “economic torts” claim after winding their company up to avoid paying its contractor. What is economic tort and what can you learn from this case?
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  • 600+ Business Solutions - Contracts: is it safe to use the word “shall”?
    Commercial contracts often say that one or both parties “shall” do something, for example, “A shall pay B within 30 days of its invoice”. According to the Court of Appeal, is the word “shall” legally binding?
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  • 600+ Business Solutions - Warranty or indemnity?
    At some point you might be asked to provide a condition, warranty or indemnity on behalf of the company. But what’s the difference between them and are there any implications for the directors personally where they are given?
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  • Tips & Advice You & Your Business - Contracts: are electronic signatures valid?
    Contracts: are electronic signatures valid?..Sign on the line. For many years, there’s been confusion amongst businesses as to whether contracts that are signed electronically are legally valid. This is because there’s no statute which specifically states that electronic signatures are OK. Thankfully, the Law Commission has now clarified the position by stating that existing legislation and case law is “sufficiently flexible to accommodate electronic signatures” in England and Wales . It’s further...
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  • 600+ Business Solutions - Can contracts be varied orally?
    Many commercial contracts contain a “no oral modification” (NOM) clause that requires any variations to be agreed in writing. The Supreme Court has considered whether such NOM clauses are enforceable. What did it decide?
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  • 600+ Business Solutions - The cost of auto-renewal
    There are rules that govern the use of so-called auto-renewal contracts yet they are still costing small businesses millions of pounds every year. Do you need to pay closer attention?
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