September 25, 2023

importance clarity contracts 2

The Importance of Clarity in Contracts

<p>Do your business contracts say what you intend them to mean?</p> <p>‘Of course they do’ you say to yourself…..But do they?……Think again.</p> <p>All too often we see businesses becoming  embroiled in disputes and litigation that could have been easily avoided if contractual documents setting out each party’s responsibilities had been clearer.</p> <p>The sentence in the nursery rhyme “Mary had a little lamb” provides an abstract example of the importance of clarity in your trade agreements.</p> <p>One might say that the sentence means Mary owned a young sheep.  Then again, it could mean that Mary ate a small dish of lamb. However, another interpretation is that Mary tricked a naïve individual! What is your interpretation?</p> <p>The point is this. The English language is open to different interpretations depending upon the context, perspective and circumstances of a particular situation.  That is why it is so important to define key terms in your business terms and conditions.</p> <p>Unless you define clearly what you intend your terms to mean you may be setting your business up for a contract dispute and a costly trip to the law courts.</p> <p>Do you really want that?</p> <p>From  the contracts that we have reviewed, or court cases that we have litigated, there is a common theme that some businesses “gloss over” essential features of their trade terms and this is what gets them into trouble.</p> <p>The structure of a well thought out contract will contain various clauses such as:</p> <p>Jurisdiction – which country’s laws apply especially if the contractual arrangements has an international dimension.</p> <p>Practical Tips</p> <p>We have expertise in resolving contract disputes even when there is no written agreement.</p> <p>Should you require further information in relation to matters arising from this article please contact Austin Ogbata on 0116 2161122 or <a href="mailto:austinogbata@d-w-s.co.uk">austinogbata@d-w-s.co.uk</a></p>
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