To add insult to injury in the Netherlands a house was sold with a description (referring to a recent renovation) 10 years old. And because of a disclaimer at the bottom, the judge considered the sale as legit!
HSF recollected all the lessons learned in UK Contract law on formation, interpretation, endeavours obligations, LOL/EOL, penalties, provisin of notices, termination and post-brexit consequences by walking through case by case.
Helpful reminder and checklist for your Force Majeure clauses.
for example, make sure you don’t forget:
- Flexible notice provisions ( instead of a specific number of days),
- A notice based on knowledge of the Force Majeure circumstance
- A standard wording like “any other cause beyond the party’s control”, and
- A pre-set deadline by which the Force Majeure circumstance can lead to (even partially) terminate the whole contract.
Folowing are some tips on communication, administration management and the like.
An A.I.-powered software to help proof read your drafts and tackle typos.
AWS-powered, online, safe and confidential contract review in less than 60 seconds.
Switzerland: template for legal services, automated templates (fromm PwC) and manaement of drafts.
Despite the common structure of offer and acceptance, a contract concluded electronically must also provide for seller’s acceptance (otherwise, the buyer can terminate the contract).
Nice pdf from HSF treating:
- the measure of the damage,
- contributory negligence,
- loss of a chance,
- license fee damage, and
- equitable remedies
Again from teh Netherlands: can a domain be silently renewed?
IN this case ,the consumer appealed to the Van Dam law, which applies to consumer contracts and bans tacit renewals and limits such contracts to max 1 year.
Yet, does the domain provision apply to such law?
According to the Court, not, since a plain domain (without mailbox and additional service) is seen as a single service. This is a one-off and not a subscription that renews periodically (?).
‘Straya: some clauses have been declared unfair in a B2B environment with a small company (20 employees or less + upfront payment inferior than $300.000). is it the sign of times of Common Law’s liability model moving towards the one for Civil Law?
- automatic renewal of the contract, often for a lengthy term, with a very narrow opt-out window;
- unilateral price variation rights;
- eliminating liability where performance is “prevented or hindered in any way”;
- entitlement to charge for services that can’t be performed;
- the grant of exclusive entitlement;
- suspension of services while keeping on charging the customer;
- the creation of an unlimited indemnity in favour of the counterparty; and
- payments to be made prior to termination of the contract.
In a few words, the check your provisions should undergo are:
- is there a significant unbalance being generated between the parties?
- is it unreasonably necessary to protect one party?
- is an unjustified and signiifcat burden being shifted upon the small business?