Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the necessary contractual intention is lacking.
Conversely, a binding agreement might be reached despite appearances to the contrary, for example where parties commence work before a formal agreement is signed.
In this first of our updated and relaunched series of contract disputes practical guides, Chris Bushell, Maura McIntosh and Robert Moore consider the problems that can arise and some practical steps that can be taken to minimise the risks. Topics covered include “subject to contract” negotiations, heads of terms and agreements to agree.
You can click here to download the PDF guide or contact us. to access the archived version of our webinar exploring these issues.
We will be publishing further editions of the updated series of contract disputes practical guides in the coming months. In the meantime, the original series is available here on our Litigation Notes blog.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021