Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the necessary contractual intention is lacking.
Conversely, a binding agreement might be reached despite appearances to the contrary, for example where parties commence work before a formal agreement is signed.
In this first of our updated and relaunched series of contract disputes practical guides, Chris Bushell, Maura McIntosh and Robert Moore consider the problems that can arise and some practical steps that can be taken to minimise the risks. Topics covered include “subject to contract” negotiations, heads of terms and agreements to agree.
We will be publishing further editions of the updated series of contract disputes practical guides in the coming months. In the meantime, the original series can be accessed from the home page for our contract disputes series (which is also linked under “our guides” in the top menu).