Entire Agreement Clauses
Most commercial contracts will include a clause known as an “Entire Agreement Clause”. The Clause is used to signify the intent of the parties that the written terms of the Contract should represent the agreement between the parties in its entirety and that it will supersede all preceding agreements, negotiations, or discussions that have not […]Read more
Is ‘Time of the Essence’?
The phrase “time is of the essence” is one which sometimes appears in contracts but what does it mean and, more importantly, what are its effects? If time is of the essence for a contractual obligation in a contract then this means that the deadline is a condition of the contract rather than merely a […]Read more
Recognising good service – How to motivate and reward staff
Being well organised, legally compliant and incentivising staff at your holiday park will lead to a productive and loyal work force. Organised chaos It is essential that all parks have a staff induction and training process. This ensures that an employee begins their employment correctly, knowing what the business is about and their role within […]Read more
Are you still bound?
If A enters into a contract on behalf of A and B but A does not have B’s authority, is the contract still valid? This was the question which the Court of Appeal had to consider in the recent case of Marlbray Limited v Laditi and another. Mr and Mrs Laditi attended a sales fair […]Read more
Recently, two longstanding high street brands, BHS and Austin Reed, have gone into administration. In addition to the 12,000 or so employees whose jobs are at risk there are also hundreds of suppliers who may receive only a fraction, if any, of the value of the goods which they have supplied to those two firms. […]Read more
Bristol Rovers 0 – Sainsbury’s Supermarkets 1
The phrases “to use all reasonable endeavours” and “to act in good faith” are legal terms that can often be found in contracts. But what do they actually mean? This was a question which the Court of Appeal had to consider in the case of Bristol Rovers v Sainsbury’s Supermarkets. Sainsbury’s had agreed to buy […]Read more
Contracts can be a bind
I recently posted a blog on restrictive covenants and the government’s view that they may be stifling competition. This question has to be debated and resolved but for now restrictive covenants remain part of the employment landscape. I regularly advise individuals who are leaving a business but in contrast not many seem to take advice […]Read more
Non-competition clauses might stifle innovation
A recent government press release from the Department for Business Innovation and Skills (DBIS) has pledged to act on non-competition and non-solicitation clauses (restrictive covenants) that could be stifling British innovation. The press release is also a call for evidence from businesses and entrepreneurs in respect of such rules. It is part of the stated […]Read more
It’s now or never (if time is of the essence)
Time is always an important factor in contractual relationships but when time is ‘of the essence’, it becomes critical. Does it matter? ‘Of the essence’ means that something is extremely important – therefore when time is expressed to be ‘of the essence’, it is vital that deadlines are met. You may think that surely it […]Read more
Is an email exchange enough to vary an agreement?
Written commercial agreements are critical to the operation of businesses and are designed to give clarity and certainty to the parties regarding their rights and obligations in connection with the same. As such, ordinarily agreements of this nature contain a standard clause that any variation to the agreement must be in writing and signed by […]Read more