Helping you deliver watertight contracts. We cover the contract lifecycle from negotiation to termination. Providing guidance and precedents to assist with all aspects of contract management.
Offering a wealth of practical drafting and negotiating checklists, precedent contract clauses and practice notes to help you confidently negotiate, draft and execute robust commercial agreements.
Our supplier management tools and guidance help you build resilient supply chains. Assisting with supplier selection, the procurement of goods and services, sustainability, compliance and more.
Whether you have a broad or niche commercial practice, staying on top of ongoing developments is a challenge. Our weekly highlights and topic trackers keep you up to date with all the latest developments.
This week's edition of Commercial weekly highlights includes: news that the Supreme Court has granted permission to appeal in Johnson v FirstRand Bank...
The EU General Product Safety Regulation, Regulation (EU) 2023/988 starts to apply on 13 December 2024. This regulation replaces Directive 2001/95/EC...
Information Law analysis: Victoria Hordern, partner at Taylor Wessing LLP, discusses the Data (Use and Access) Bill, how it differs from previous...
The European Commission has confirmed that Directive (EU) 2024/2853 (the revised Product Liability Directive) entered into force on 8 December 2024....
The Competition and Markets Authority (CMA) has launched a consultation on draft guidance regarding the unfair commercial practices provisions in the...
Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024STOP PRESS: On 11 December 2024, the CMA released...
Transition in outsourcingThis Practice Note describes the commercial and legal aspects of transition in the context of outsourcing transactions. It...
Mediation—advantages and disadvantagesThis Practice Note sets out the key differences between, and likely advantages and disadvantages of, the...
Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses....
Advertisement consents and the advertisement control regimeSTOP PRESS: An updated version of the National Planning Policy Framework (NPPF) was...
Product safety incident plan (PSIP)1Management commitmentPerson with responsibility for the Product Safety Incident Plan (PSIP)[Insert name and...
Product recall clause1Product recall clause—pro-supplier1.1The Customer shall immediately notify the Supplier if it becomes aware of any complaint or...
Product recall notice (or corrective announcement)IMPORTANT SAFETY WARNING—PRODUCT [RECALL OR [ insert details of alternate corrective action (eg...
Non-circumvention clause—joint bids1To the extent permitted by applicable law, each party agrees that, throughout the Term, it shall not, whether on...
Outsourcing—contract management audit recordDescription of outsourced services[State nature of services, eg data entry, catering services]Outsourcing...
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
Termination and expiry of contractsThis Practice Note provides an overview of contract expiry and of the different causes of termination and ways to...
Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a...
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...
Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...
Types of carrier of goodsThis Practice Note provides an introduction to two types of cargo carrier; common carriers and private carriers, and explains...
Electronic signaturesAn electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an...
DeedsUnder English law, legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...
Scope and authority of the agentThis Practice Note describes the nature and degree of an agent's authority which is conferred upon it by the...
Nature and types of agencyThis Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the...
Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...
Carriage of goods by sea—the Hague-Visby RulesThis Practice Note explains the Hague-Visby rules (the Rules) which are an international convention...
SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
Agreements to agreeThis Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has...
means scientific research that directly contributes to enabling adaptation.
A claimant may be under a duty to mitigate their loss if there is a breach of contract or a tort is committed. The effect of a failure to mitigate is that the claimant cannot recover damages in respect of the portion of their loss that is attributable to their own conduct or lack of it.
The privity of contract rule means that only the parties to a contract can acquire rights under it or have obligations imposed upon them under it, even if the contract was created to give that party a benefit.