Coronavirus advice for business
It is likely that in many situations, due to factors such as difficulties in obtaining raw materials, delivery services and staff absence, full performance of commercial contracts may not be possible.
Where performance by you or your supplier is at risk, whether or not that will result in an actual breach by you or your supplier of contractual obligations will depend upon the contract terms. There may be references to "force majeure", giving contract parties a basis to delay performance, but there is no statutory definition of this and so how it applies will depend upon the specific contract terms.
If you are concerned about such issues we can review contracts to assess the likelihood of non-performance giving rise to future claims against your business or your ability to enforce contract terms against third parties. This may help you assess which contracts to prioritise.
Where insurance is involved, whether a valid claim can be made may depend upon when steps are taken by you and in particular whether your action is taken on commercial grounds or legal grounds, which may be linked to Government or other regulation being implemented and not just issued as guidance or recommendation. If it does not affect you adversely, you may therefore wish to hold back on taking some action and we can advise what steps can be taken.
Key contact - Scott Kerr
Scott is experienced in advising clients on a range of commercial contracts, including distribution, agency and franchise contracts (both in the UK and worldwide). Accredited as a specialist in intellectual property law by the Law Society of Scotland, he also advises widely on the registration and exploitation of intellectual property rights and related contracts, including web-based documentation.
Whatever the issue he is addressing, his focus is on achieving a simple and practical solution taking account of the commercial requirements of his client. View full profile.
Business Law & Contracts
Contracts are an essential tool for your business. Whether you are dealing with customers, suppliers, partners or entering into any other business relationship it is essential that you protect yourself against future problems by setting out an agreement in writing.
Our commercial and corporate solicitors work with businesses and individuals across Scotland, the UK and internationally to draft, review and finalise all manner of commercial contracts and terms and conditions.
Whether you’re a small business employing one or two people or a large company, our solicitors can draft legal documents to suit all types of commercial agreements.
We offer a free initial consultation to anyone seeking advice on a contract. We are always competitively priced and pleased to discuss costs with you. We will endeavour to agree a fixed-fee for any specific piece of work or alternatively we offer many clients a cost-effective retainer service where we provide regular business advice and legal services for a fixed monthly/quarterly fee.
For further information or to discuss any issue you may have, please get in touch.
Call us for free on 0330 159 5555 or complete our online form below for legal advice or to arrange a call back.
Our team can handle all types of contracts, including:
- Agency agreements
- Collaboration agreements
- Distribution agreements
- General terms and conditions of business (e.g. for supply of goods or services)
- Heads of terms
- Introducer agreements
- License agreements
- Memorandum of understanding
- Online terms and conditions (e.g. for simple brochure websites through to advanced e-commerce websites)
- Supplier agreements
As well as drafting agreements we also handle reviews and terminations of contracts on behalf of clients and help resolve a variety of contract disputes, including:
- Advice on administration of contracts, claims detection, claims negotiation, strategies to manage and resolve disputes
- Advising on potential commercial issues arising from contracts
- Advice on termination of contracts
- Reviewing and reporting on existing contractual documentation
Absolutely fantastic. They always get back to you immediately and they take the time to explain things.HM Client
Meet the business law & contracts team
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