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Goods denote personal chattel and other property which may be detached from land.
Under the Sale of Goods Act 1979, goods mean: (1) all personal chattels other than things in action and money, (2) emblements, crops, items attached to land that are detached from land prior to sale; (3) an undivided share in goods. Goods includes an enormous range of items or products, including ships, computer disks (but not computer programs) and containers, packaging and any instructions supplied as well as the goods themselves.
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Drafting a building contract/schedule of amendments鈥攃hecklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method鈥攃onstruction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters 鈥 Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor鈥檚 company number and name at Companies House. 鈥 Obtain consultants鈥 details Confirm the full details of the consultants engaged by the employer; some...
Procurement Act 2023鈥攌ey changes STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023鈥擯A 2023. Introduction The Procurement Act 2023 (PA 2023) is the new legislation that will govern public procurement. It will replace the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848. On 12 September 2024, the government announced that the go-live date for PA 2023 will be delayed until 24 February...
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This Practice Note provides an overview of the key legislation and regulation impacting business to business (B2B) contracts for the sale and supply of goods. It considers the use of standard terms and conditions versus bespoke agreements when documenting supply of goods transactions. It also provides an overview of different types of contracts for the supply of goods, and the key terms in those contracts, including provisions dealing with the description and specification of the goods, price and payment, delivery, acceptance, title and risk, retention of title and warranties.For guidance on legislation and regulation impacting B2B contracts for the supply of services, see Practice Note: Contracts for the supply of services鈥攂usiness to business. For guidance on considerations for commercial contracts more generally, see Practice Note: Key terms and conditions in commercial contracts.The supply of goods and services to consumers is significantly regulated and is not covered by this Practice Note. For guidance on business to consumer (B2C) contracts, see: Trading with consumers鈥攐verview.Key legislation and regulationThe key statutes to bear in...
This Practice Note considers some of the key terms and conditions found in business-to-business (B2B) commercial contracts. It sets out the general drafting considerations and considers some of the key operative provisions, such as term, primary obligations, warranties, price and payment, confidentiality, intellectual property rights, data protection, liability and limitation of liability, indemnities, termination, and consequences of termination.For links to more detailed commentary on commercial contracts, generally, see:鈥ommercial clauses鈥攐verview鈥efinitions鈥攐verview鈥oilerplate clauses鈥攐verview and Practice Note: The role of boilerplateSee also: Commercial contract drafting and review鈥攃hecklist and Commercial contract review and execution (business personnel)鈥攃hecklist.For more specific guidance when considering the supply of services, see also Practice Note: Negotiation guide: services agreements.Initial considerationsStructure and formThe initial consideration for any contract must be what form it will take, and that decision will largely be informed by what the contract is seeking to achieve and in what environment it is expected to be entered into. For example, simple contracts are capable of being entered into orally, in writing or by conduct; whereas some agreements require greater...
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Distribution agreement鈥攏on-exclusive鈥攕hort form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales 鈥 has the meaning given in Article 8(7) of VABEO; Affiliate 鈥 means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where 鈥渃ontrol鈥 means the beneficial ownership of...
New to role鈥攊n-house lawyers鈥攎eeting agenda and question plan鈥擨T Director General Item Description Purpose of meeting Introductory meeting between [Insert your name], [insert your job title] and [insert name of IT Director], IT Director of [Insert name of organisation] Date and time of meeting [Insert date] at [insert time of meeting] [am OR pm] Attendees [Insert name of IT Director][Insert your name][[Insert names of any other invited attendees, eg your line manager]] Agenda Item Supporting documentation Person leading item Questions Introducing [insert name of organisation]鈥檚 in-house lawyer. N/A [Insert your initials] Explain to the IT Director who you are, where you were before, and why you joined this organisation. Structure and reporting Copies of:鈥攄epartmental structure chart;鈥攐utsourcing agreements;鈥攍ist of the organisation鈥檚 spend per supplier, ranked highest to lowest. [Insert IT Director鈥檚 initials] How is the IT department structured? Ask for a structure chart.What changes has the director made to the department over the past year and is any change聽or聽restructuring anticipated in the next six months?What and where are the...
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If a solicitor agrees to charge a fixed fee for a piece of work but then does not carry out all the work which was envisaged in the original engagement letter, is he/she still entitled to charge the full fixed fee or is he only entitled to charge for the work actually carried out? Where a solicitor and client have a fixed fee engagement but not all work set out in the engagement is completed, the solicitor鈥檚 right to charge fees will depend on the specific terms of the engagement and any other terms of business. For example, the terms of engagement may include an abortive fees clause (ie where the solicitor is entitled to charge certain fees if the client terminates the engagement) or a clause specifying how fees will be calculated where there is partial completion of the engagement. It will also be important to consider whether or not payment of the fixed fee is dependent on completion of the engagement or not. See the...
What is the relevant rehabilitation period related to a conviction for fraud, theft or handling of stolen goods under the Rehabilitation of Offenders Act 1974 and has this subsequently been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012? Under the Rehabilitation of Offenders Act 1974 (ROA 1974), convictions may become spent after a specified period of time. Under ROA 1974, the time it takes for a conviction to become spent will generally depend on the sentence (not the offence) imposed. ROA 1974, s 5 sets out the rehabilitation periods and specifies the sentences to which it applies. The rehabilitation periods are set out in ROA 1974, s 5(2)鈥(5) (as amended). They start as soon as the offender is convicted and runs until the end of the specified period, in most cases, the period set out in the table at ROA 1974, s 5(2)(b), with reference to the sentence imposed. Some of the most relevant current rehabilitation periods that might apply to a...
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HM Treasury has announced a review of the customs treatment of Low Value Imports, which currently allows goods valued at 拢135 or less to enter the UK without customs duty. The Trade Remedies Authority (TRA) will implement immediate measures including enhanced trade data monitoring, increased support for businesses reporting unfair practices, and accelerated investigation processes. The announcement comes in response to concerns from UK retailers about competitive disadvantages from overseas competitors. HM Treasury will begin stakeholder engagement from June 2025, to examine impacts on consumers and administrative costs. These measures form part of the government's broader strategy to address practices such as the dumping of cheap goods into the UK market.
Law360, London: A German pharmaceutical company has failed to revive its efforts to get a trade mark for 'Vagisan' in the EU because of its likeness to rival feminine health product 'Vagisil'.
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