Download e-book for iPad: Commercial Contracts: Drafting Techniques and Precedents by Robert Ribeiro

By Robert Ribeiro

This document provides up to date details on questions about drafting a freelance, giving sensible information from begin to end.

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Extra info for Commercial Contracts: Drafting Techniques and Precedents (Thorogood Reports)

Sample text

National Power argued that by analogy with the Antaios case, if ‘any breach’ in a time charter meant ‘any repudiatory breach’, then ‘material breach’ must also mean ‘repudiatory breach’. Here it was held, however, that the term had a provision for notice and for remedying the breach. It was not solely about termination. So the approach taken by the judge was less stringent than in the two previous cases. He held in particular that in this context a material breach did not have to be as serious a breach as a repudiatory breach.

There are a number of ways in which all or some of the terms of a contract may become enforceable by a third party. The two parties to the contract have a choice, when making their contract, as to how far third party rights should be permitted, and on what terms. Putting this into a commercial context, if a third party is permitted to take advantage of a contract, this could be potentially harmful to the commercial interests of one or the other of the two original contracting parties. To exclude, or control the rights of third parties, parties drafting a commercial contract need to bear in mind three concepts: 1.

The Commercial Court held that since the relevant clause of the contract purported to confer a benefit upon Cleaves, Cleaves was entitled to enforce the term under Section 1 of the 1999 Act. Further, since the contracts provided for arbitration, Cleaves was entitled to refer the matters to arbitration, as this is provided for by Section 8 of the 1999 Act. THOROGOOD PROFESSIONAL INSIGHTS 28 2 S T R AT E G I C E N D S : S O M E I M P O R TA N T D E C I S I O N S T O B E M A D E … This case is important not only because it is the first to apply the 1999 Act, but also because it touches upon the subject of the European Convention on Human Rights, a subject which we will look at in Chapter 6.

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