Services For Your Business

Commercial Agreements Legal Advice

It is absolutely vital to have written agreements in place to both exploit the benefit of your commercial arrangements and to protect your business if a dispute arises.

This page is designed to provide some useful advice on:

WHY ARE COMMERCIAL AGREEMENTS IMPORTANT?

Written commercial agreements are not just important, they are absolutely crucial!

The main purpose of written agreements is to provide a clear framework to govern a particular commercial transaction or relationship - whether that is with your customers and suppliers, co-partners, co-shareholders or your funders.

A written agreement can also be used to allocate any risks from the trading relationship of the parties to a particular contract. A party to whom a specific risk is allocated by the contract may seek protection against it by insurance.

A well-drafted contract will seek to minimise the risks falling on you and direct as many of them as possible on to the other party to the contract. That said, a well-drafted contract will not be excessively one-sided to avoid being commercially damaging to your trading relationships and reputation.

WHAT MAKES A BAD COMMERCIAL AGREEMENT?

Vague or uncertain agreements may not be a contract at all. Even if it is a legally binding contract, any uncertainty may lead to disputes and potentially costly litigation.

Uncertainty within a contract commonly arises for two reasons:

Firstly, disputes may arise if the law on a particular subject is unclear. A well-drafted contract will seek to avoid this legal uncertainty by including express provisions to minimise the scope of application of uncertain legal rules.

Secondly, disputes may arise if the language of the contract is unclear. The contract should be drafted in clear terms to avoid disputes, especially because a contract term which is unclear may be construed against the party relying on it.

SOME COMMON TYPES OF COMMERCIAL AGREEMENTS

As you might expect, there are a huge range of commercial agreement types, but some of the more common ones our legal specialists advise on include:

Commercial Agreements

  • Supply contracts
  • Website terms and conditions
  • Computer and IT contracts
  • Trading documentation, including standard terms and conditions for sale or purchase
  • Distribution and agency agreements
  • Franchise agreements
  • Services and outsourcing agreements
  • Confidentiality agreements
  • Bespoke commercial agreements
  • Joint venture agreements
  • Data protection
  • Licences, assignments, development agreements and service agreements
  • Copyright and other intellectual property issues
  • Public procurement

Partnerships

Limited Liability Partnerships
Partnership agreements and dissolutions

Banking and Security

Banking and finance documents, guarantees and other security documentation.

HOW CAN LANYON BOWDLER HELP?

Our commercial law specialists are leaders in their field, and can advise on all aspects of company and partnership law, including domestic and international supply of goods and services.

As a firm, Lanyon Bowdler prides itself on being able to provide speedy, practical and accurate advice, while ensuring it is commercially realistic for your business. We have:

  • An understanding of business practices and of the practical implications of the law for those practices
  • A knowledge of the substantive law
  • A keen understanding of the business needs of our clients

LEGAL 500 RECOMMENDATION

The Legal 500 has for many years recommended Lanyon Bowdler for corporate and commercial services in the West Midlands.

The 2016 edition says: “Gráinne Walters now heads the practice at Lanyon Bowdler. Walters, who wins praise for her ‘very strong empathy and good, clear advice’, advised the management team of The Recycling Group in connection with AO World’s investment in the company.”

CONTACT LANYON BOWDLER SOLICITORS

Give us a call on 0800 464 0086 or complete our online enquiry form, to see how we can help. We have offices in Telford, Shrewsbury, Oswestry, Ludlow, Bromyard and Hereford so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands.

A wide range of pricing options are available which may include fixed fees and service level guarantees.

FURTHER INFORMATION AND NEWSLETTER

You can click on the links to the left of this page for more information about the team, and you might like to sign up for our free quarterly newsletter.

The newsletter keeps our clients up to date with changes in commercial law practice, as well containing relevant articles on a range of commercial law issues, and is a very popular service.

Please click here to receive the newsletter.

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