Entire agreement clauses, like many others, may have to be tailored to the particular contract in question to achieve the desired result.
Most commercial contracts contain some “boilerplate” clauses. Because such clauses appear as a matter of course, they are all too often pasted into contracts without proper consideration having been given as to whether the standard wording they contain is actually suitable for the particular circumstances.
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The Scots law of contract has often, where no Scottish authority exists, made use of English case law as precedent. However, there are a number of basic elements of Scottish contract law that differ quite distinctly from the English, and where English authorities have been rejected. more
Thanks to the errant ways of a few American starlets, most notably Britney Spears, issues surrounding who should have control over the affairs of those deemed not capable of looking after their own interests have received a lot of media attention in the US... more
It is a simple reality of commerce that a contemplated objective may, through no fault of either party, become unachievable – making it unfeasible that commercial contracts only ever impose absolute obligations. A contract often includes an “endeavours” clause, which sets out the lengths to which a party must go in order to avoid finding itself in breach of contract for failing to meet a particular contractual requirement. more
Lots of us will have snapped up a bargain in the summer sales. However, those who like to splash the cash on discounted luxury brands may not have been so fortunate. To protect the status of their brands some do not put their goods on sale or have outlet stores. more
AS PEAK summer holiday season approaches, air travellers are delighted the dreaded Icelandic volcano has stopped erupting. For now, anyway.
However, now is not the time to be complacent – just in the last fortnight experts have warned that there is a strong possibility its more powerful neighbour may too erupt in the short term... more
The allure of the "off the record" conversation is an obvious one and is a recurring classic for those who advise on employment law. At a stroke, wading through potentially time consuming and "awkward" procedures is avoided.... more
More and more businesses are feeling the effects of the economic downturn and the number of them losing the battle to keep their heads above water is on the rise. more
At the moment, it seems there is a never-ending stream of sales and promotions available on our high street, as enterprising retailers attempt to separate recession-embattled consumers from their cash... more
A recent Court of Appeal decision takes a strong line on directors' fiduciary duties as respects pursuit of business opportunities.
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Cyber-bullying is probably more closely associated with children and teenagers, but digital bullying represents as extension of traditional workplace bullying... more
Most of us will have seen the Boxing Day coverage of the descent of hordes of shoppers on the high streets. more
Donna Reynolds comments in the Dunfermline Press more