0012 | When a clearly drafted contract is not enough

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Technical Terms

Simon Ward

13 episodes

5 days ago

Simon Ward explains key risks and issues that science, technology and engineering companies face in their commercial contracts and how to overcome them. Simon is director of York-based Technical Terms. This specialist legal consultancy helps cutting-edge businesses grow, innovate and increase profits. We do that by drafting commercial contracts that give you less risk, more opportunities and greater control of your business. "Simon and his team are fantastic." - Carl Pugh, Tech Service Partner Ltd

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0012 | When a clearly drafted contract is not enough

Technical Terms

5 minutes 52 seconds

6 years ago

0012 | When a clearly drafted contract is not enough

It goes without saying that any agreement should be clearly drafted. By that we mean that that the contents of that sheet of paper (or lever arch file!) should be easy to understand and record exactly what has been agreed between the parties. All well and good. However, the courts will look for more than that. They will want to see that the terms of an agreement do not operate so harshly that they go further than is necessary to protect a party’s legitimate business interests. This is illustrated in the 2019 case Medenta Finance Ltd v Hitachi Capital (UK) PLC [2019] All ER (D) 48 (Jun).

If you've any questions or comments about this podcast please email: simon@technical-terms.co.uk

Need a contract / terms & conditions drafting or reviewing? Book your no-cost, no-obligation discovery call with me here.