Technical Terms

0012 | When a clearly drafted contract is not enough

5 min · 12 de sep de 2019
Portada del episodio 0012 | When a clearly drafted contract is not enough

Descripción

It goes without saying that any agreement should be clearly drafted. By that we mean that that the contents of that sheet of paper (or lever arch file!) should be easy to understand and record exactly what has been agreed between the parties. All well and good. However, the courts will look for more than that. They will want to see that the terms of an agreement do not operate so harshly that they go further than is necessary to protect a party’s legitimate business interests. This is illustrated in the 2019 case Medenta Finance Ltd v Hitachi Capital (UK) PLC [2019] All ER (D) 48 (Jun). If you've any questions or comments about this podcast please email: simon@technical-terms.co.uk Need a contract / terms & conditions drafting or reviewing?  Book your no-cost, no-obligation discovery call with me here [https://calendly.com/technical-terms]. www.technical-terms.co.uk --- Send in a voice message: https://anchor.fm/technical-terms/message

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13 episodios

episode 0013 | Automatic email signatures may create a binding contract artwork

0013 | Automatic email signatures may create a binding contract

When negotiating over email, your email signature could, in fact, bind your company without you (or them) realising it.  A recent High Court decision cannot be ignored.  However, there's a really easy way to make sure you don't get caught out.  This short podcast explains how. Find out if I'm the right person to assist you with drafting or reviewing a commercial contract by booking a no-cost, no-obligation Discovery Call. [calendly.com-technical-terms] If you're in IT, please download my no-cost report: Three Critical Mistakes That Many IT Companies Make In Their SLAs That Cost Them Time, Customers And Money. [https://www.technical-terms.co.uk/3-critical-mistakes] --- Send in a voice message: https://anchor.fm/technical-terms/message

1 de oct de 20194 min
episode 0012 | When a clearly drafted contract is not enough artwork

0012 | When a clearly drafted contract is not enough

It goes without saying that any agreement should be clearly drafted. By that we mean that that the contents of that sheet of paper (or lever arch file!) should be easy to understand and record exactly what has been agreed between the parties. All well and good. However, the courts will look for more than that. They will want to see that the terms of an agreement do not operate so harshly that they go further than is necessary to protect a party’s legitimate business interests. This is illustrated in the 2019 case Medenta Finance Ltd v Hitachi Capital (UK) PLC [2019] All ER (D) 48 (Jun). If you've any questions or comments about this podcast please email: simon@technical-terms.co.uk Need a contract / terms & conditions drafting or reviewing?  Book your no-cost, no-obligation discovery call with me here [https://calendly.com/technical-terms]. www.technical-terms.co.uk --- Send in a voice message: https://anchor.fm/technical-terms/message

12 de sep de 20195 min