The good news is that most contracts – even those that aren`t very well prepared! – will never create a problem. You and the other party know what you have agreed to, even if it was not written as effectively as it could have been, and if problems arise, you will elaborate them in the spirit of the original agreement. Finally, it is usually in your mutual interest to continue doing business together. I have been working for my employer for five years. Last week, he asked me to sign a document called Covenant Not to Compete. In that agreement, I promised not to compete with him for a period of two years after I left with respect to the accounts I had served. I have not received anything for the signing of this agreement. Where is the reflection? Is this agreement applicable? If the contractual conditions are contrary to public policy or the law in force, the contract is not applicable, in particular when it comes to fundamental provisions. For example, a court will not impose a contract to sell illegal drugs or firearms. If any of these elements are missing, the treaty is not applicable, because there is essentially no contract. A contract is usually fulfilled by the execution of the contractual conditions. Not necessarily.
The answer depends on the wording of the force majeure clause, the definition of force majeure in the treaty and the impact of the Covid 19 event on the respective contractual obligation. Often, a definition of force majeure lists the types of events that are included, such as.B. “force majeure” or “political interference”, and may also contain a broad “catch-all” provision, which relates to other events “out of control” of one of the parties. There may be a real question as to whether the impact of Covid-19 on a given contractual obligation is considered a force majeure event. Do not assume that a party still has the right to rely on a force majeure provision with respect to the effects of covid 19 and to carefully consider any communications you receive that would require a case of force majeure. When is non-performance a substantial or substantial offence? Q: Does it make a difference if the contract is not in writing? 4. Does the contract use words you don`t really understand? Tell the truth. Do you really know what it means to “compensate”? Few non-lawyers do this.
Words you don`t understand may be correct, but if you don`t know what they mean, they`re exactly like documents you don`t have (see point 3 above). Below, we focus on a number of important contractual considerations, focusing on important contracts, supply chain management issues, and revenue streams. We answer a lot of questions that we are currently considering. Many contracts can be concluded orally, but some agreements must be concluded in writing. .