Commercial contracts

Using 'will', 'shall' and 'must' in commercial contracts

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Winston Churchill declared that, "We shall fight on the beaches" - not 'must' or 'will' – but 'shall'. 'Shall', 'must' and 'will' are all modal verbs (verbs used to express an obligation). In a commercial contract setting, you want to be sure that the strength of obligation agreed by the parties is reflected in the agreement. More …

Non Profit Distributing Model

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The widespread adoption of a new funding model for major infrastructure projects across the UK may have moved a step closer thanks to a key decision that has come to light. The Non-Profit Distributing (NPD) Model is an alternative to the much-maligned Private Finance Initiative (PFI) in which surplus profits are reinvested in the public sector rather than going to the private sector as unpopular 'windfall' payments. More …

The Consumer Rights Act 2015 – all change for consumer contracts for goods, digital content, services and unfair terms

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The Consumer Rights Act 2015 is the most important piece of consumer law since the Unfair Contract Terms Act 1977. It comes into force on 1 October 2015. More …

European data protection reform: where are we now?

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If it feels like we’ve been talking about reform of the EU’s data protection regime for years, it’s because we have. And the reforms are still not complete. More …

Turn it off and on again: our free advice to Welsh start-ups

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Blake Morgan’s Technology team in Wales has partnered with Caerphilly-based innovation centre Welsh ICE to provide drop-in ‘surgeries’ for local start-ups More …

The Consumer Rights Directive

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The Consumer Rights Directive (the Directive) was agreed by all Member States of the European Union in October 2011. More …

Age discrimination in the provision of goods, services and facilities

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The ban on age discrimination in the provision of goods, services and facilities will come into force on 1 October 2012. More …

Trading online: Make sure your terms and conditions are binding and fair

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The recent decision in Spreadex Limited v Colin Cochrane [2012] EWHC 1290 serves as a useful reminder for operators of websites to consider carefully their customer contracts to ensure that they are binding and objectively fair or risk losing out. More …