By Robert Ribeiro
This file provides up to date details on questions about drafting a freelance, giving functional tips from begin to end.
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Additional resources for Commercial Contracts: Drafting Techniques and Precedents (Thorogood Reports)
The right to assign may be controlled in a number of ways: there may be a clause which states simply that neither of the parties may assign any part of the contract. without the prior written permission of the (other party)’ may be added. The clauses do not have to be bilateral: there are contracts in which one party, such as a major supplier or purchaser, restricts the right of the party it is dealing with to assign, while not mentioning its own rights to assign, which are assumed to have been preserved.
THOROGOOD PROFESSIONAL INSIGHTS 42 3 STRUCTURING THE CONTRACT In some cases, pre-contractual arrangements take the form of agreements to agree or agreements to negotiate. In Walford v Miles (1992) 2 AC, it was established for the present and the foreseeable future that a positive agreement to agree, or to negotiate, is not enforceable. But the House of Lords accepted that a negative lock-out agreement would be enforceable, provided that it contained all the necessary features. The features for an enforceable agreement of this kind are that: 1.
In the first case, one or both of the parties can see a risk, and it is then agreed in the contract that a term will be included which avoids or eliminates the risk. An obvious example would be to avoid an unreliable jurisdiction by opting for jurisdiction or arbitration in a territory with a good reputation in this field. With risk allocation, the risk will not have been eliminated, but the parties will have taken account, in the price and other terms, of the fact that the risk is to be placed upon one party rather than the other.