Contract Drafting and Contract Provisions
This is the fourth of a series of five Briefing Notes covering aspects of English Contract Law which we feel are of relevance to business people. The previous Briefing Notes dealt primarily with how contracts are formed and some pitfalls and key issues regarding contract negotiations.
This fourth Briefing Note deals with matters relating to the drafting of contracts themselves. Whilst there is some legislation governing and implying contract terms (e.g. “Sales of Goods and Services Acts”) in the main English Courts are reluctant to infer provisions which the parties have failed to consider or cover in the actual contract terms; whether the contract be in a single written agreement, construed from a chain of emails, or purely oral. Many contract disputes would not have arisen had the parties considered the point in issue and covered this in the contract.
This Briefing Note includes a checklist of some tips on contract drafting and lists some important contract provisions.