Commercial contracts
Shams Williams has a team of expert commercial contracts lawyers supporting its clients who operate in a range of sectors including manufacturing, technology, banking and the utilities, as well as public sector clients.
Get it right
Our aim is not only to ensure that your commercial contracts are legally robust and compliant but that they clearly reflect the nature of the relationship with your customers, suppliers and partners and that they help your business control and manage its risk.
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What makes a commercial contract legally binding?
A contract is a legally enforceable agreement which gives certain rights and responsibilities to those that agree to their terms. Contract formation is a practical question and is often determined by analysing the prior negotiations (such as email chains) between the parties. A brief summary of the essential elements to be established for contract formation in English law is as follows:
- Offer – a specific promise forming the basis of the agreement without further negotiation;
- Acceptance – must be final and communicated to the other party;
- Consideration – a form of payment regardless of type or amount;
- Intention to create legal relations – usually presumed in commercial arrangements and proven through signature by both parties for written agreements; and
- Certainty of terms – the agreement is not vague or lacking in essential terms.
What are warranties and what do they usually cover in services agreements?
A warranty is an assurance or a statement of fact in a contract by one party to the other. If the warranty is breached, it constitutes a breach of contract which may give rise to a claim for damages.
Unlike a condition, a breach of warranty does not provide the injured party with a right to terminate the contract.
Agreements for the provision of services typically include warranties from the supplier that:
- The services will be provided in accordance with a specific services specification;
- Any deliverables will be sufficiently fit for purpose;
- The services will be provided with an appropriate level of skill, care and diligence;
- The services will be performed in accordance with all applicable laws and regulations;
- It has, and will maintain, all applicable licences and consents necessary to carry out the services; and
- Use of the services will not infringe any intellectual property, or other rights, of any third party.
Our process
1
Listening
Understand the situation circumstances and problem at hand
Development
Efforts, energies and resources in developing evidence-based and comprehensive application
Progression
We always remain in regular contact with the client to inform them about the progress
Assistance
On request, we can provide legal assistance in the court if there is a hearing or any requirements
Our process
Listening
Understand the situation circumstances and problem at handDevelopment
Efforts, energies and resources in developing evidence-based and comprehensive applicationProgression
We always remain in regular contact with the client to inform them about the progressAssistance
On request, we can provide legal assistance in the court if there is a hearing or any requirementsGet in touch
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