Often parties who deal regularly with each other can be said to be operating on implied terms of business because of the regular pattern of dealing with each other over the course of time.
If one party breaches an agreement, for example by not paying for goods or services provided, a remedy may be available even if neither party had ever signed any contract or terms of instruction before the breach occurred, although this is by no means guaranteed.
But what is the position when there has been no regular course of dealing, for example a one off business arrangement that goes wrong?
In order for a contract to be enforced in these circumstances, any court looking to remedy a breach of contract would need to see evidence that the defendant party had agreed to the terms of business of the claimant before making a finding. A verbal agreement made over the telephone would probably not suffice.
A large one off transaction may be preceded by both parties signing a detailed bespoke contract prepared exclusively for that purpose, often prepared by Solicitors.
For a company that wishes to bind all its customers and clients to the same contractual terms on each occasion, it is useful for them to have a ready made terms of business document that is provided to the new customer in writing at the start of each transaction and by which they are bound in all future dealings with the company.
Terms of business documents can cover issues as varied as rates of payment, delivery times, guarantees and warranties, protecting intellectual property rights and copyright, rates of interest, limit of liability and the jurisdiction for settling disputes if they arise.
We are often approached by Clients who have performed their part of a contract only for the other side to renege. Because there is no evidence of a signed agreement or contract, they have not been able to enforce the contract and have suffered a loss.
Our lawyers can discuss your requirements and prepare terms of business document to suit the needs of your business or organisation.
We also have the experience to prepare more diverse agreements to suit you, such as a brand creation and management contracts or a website development contract.
Contact us to see how we can help you or your business.