Where parties have entered into a non-exclusive contract for the provision of services which has no minimum supply or volume of service provisions, would a party be in breach if they simply started using an alternative supplier for some or all of the services?
My concern is that the contract has a minimum duration of 3 years and if a party simply ceased using the other party's services altogether this would effectively render the contract meaningless.
It seems logical that the legal position may potentially change where these terms and conditions are negotiated as it is not self-evident that the supplier agrees to these terms anymore now that they have been negotiated.
Where one of the original parties to a contract has changed can you simply produce an amendment letter or an addendum to record this change and have it signed by the parties, or does it require a formal novation to be signed?
I have a client that is entering into a long term contract with a supplier for goods which are imperative to the product which he has designed.
He is concerned that if the supplier was sold that they may not continue to supply the goods.
When drafting a limit of liability in a contract which relates only to losses arising out of breaches of contract or other causes of action which are covered by insurance, is it feasible to cap recoverable sums by reference to the amount by which the insurer actually responds to the relevant claim, rather than the limit of the insurance policy?
This seems to create a circularity which could potentially enable the insurer to withhold or reduce its pay out.
They are supposed to settle at the end of each month. I think a Court will take a dim view of this as it is (a) unfair and (b) seeks to circumnavigate the legislation. If I created a legally binding contract and after negotiations the contract was accepted and a reservation fee was paid, if they didn't sign their signature on the terms and conditions slip, are they still bound to the contract?
In his terms and conditions, there are included very heavy penalty clauses which seek to charge the debtor for time spent pursuing them. Where parties have entered into a non-exclusive contract for the provision of services which has no minimum supply or volume of service provisions, would a party be in breach if they simply started using an alternative supplier for some or all of the services?
Generally speaking, in principle, the benefit of a contract can be freely assigned.
Some contracts contain express non-assignment provisions. If a contract is silent on assignment, but does include a clause that excludes third party rights result in the beneficiary of an assigned right being unable to enforce such a right?
A contract contains a clause which states that it may be terminated if there is a breach of "any other agreement" which exists between the parties.