Business Other Services Contracts

A contract may be oral or in writing. Both are equally binding, but in the case of an oral contract, proving what was agreed is more difficult and often leads to disputes.

We encourage the use of clearly expressed agreements. Indeed, drafting of commercial contracts is a growing area of our business, for example distribution agreements or non-disclosure agreements, partnership deeds or standard business terms.

Where a specific contract falls to be examined, we can advise whether the key components exist such as, offer, acceptance, consideration, the intention to create legal relations. We can also advise what interpretation a court would be likely to place on your agreement. Where a breach of contract is complained of, we can advise whether it is actionable and, if so, what action you should take - whether to affirm or repudiate the contract - and what sort of compensation to which you, or the other party, may be entitled.

We are also consulted by companies seeking clarification of their position where a trading partner has gone into administration, receivership or liquidation or where the business has changed hands. We can advise for instance on the effectiveness of a retention of title clause. A properly drafted standard sale agreement will have retention of title clause. This is often the only chance of making a recovery that a creditor may have when faced with the liquidation of their client or customer. They are often highly contested by the receiver or liquidator. The key issue is whether the terms actually formed part of the agreement. We can advise on the legal position and we can help negotiate a successful outcome. Time is often critical in these matters and it is recommended that advice is taken very early on to avoid the risk of losing your remedy.

Why not call for a quote on 01273 405900 or e-mail details to: jastbury@astburys-law.co.uk