Article Tag: Commercial contracts

Coronavirus Really Is a Matter of Life and Death for Businesses

Many businesses are continuing to reel from the Coronavirus pandemic and the effects of the lockdown. It is clear that this is not going away anytime soon. As a result, the majority of businesses will be, and will continue to be, significantly impacted. The concept of an “act of god” or “extraordinary circumstances” is not… Read more »

Be careful what you wish for

It is common practice in commercial contracts, particularly in construction and manufacturing, for the parties to limit or exclude their liability or pre-determine what compensation should be paid following a breach of contract. The latter clause is called a Liquidated Damages Clause. For those of you not familiar with exclusion and limitation clauses, the former… Read more »

Actions speak louder than ‘written’ words

For those of you familiar with commercial contracts you have no doubt heard the phrases ‘boilerplate’ and ‘entire agreement’ clauses. Bolierplate clauses provide interpretation and general operation for the agreement. One such clause is an ‘entire agreement’ clause. In essence this provides that everything agreed between the parties is embodied in the written agreement and… Read more »

SAS Daniels names head of office for Chester

Law firm SAS Daniels LLP has made corporate partner Kaye Whitby its new Chester office head following strong growth at the firm. Kaye, who specialises in corporate transactional and commercial work, has been promoted to the role after becoming a partner in 2008. Kaye advises business clients on a range of matters including corporate structures,… Read more »

Let the buyer beware in a commercial contract, as exclusion clauses are upheld

A recent High Court decision in Air Transworld Ltd v Bombardier Inc has illustrated why having an effective exclusion clause incorporated into a business contract can be the simplest and cheapest type of protection and insurance against potential liability. In this case, an aircraft supplied by the Defendants developed a serious fault after delivery. The… Read more »