Business Insight #2 Alan McKee, Macdonald Henderson What goes in a contract and how can I best protect myself from disputes and loss? How do I make my business attractive to investors and buyers? What the most effective means of business development?

1. The Business Journey
The Business Journey
25 April 2017

2. The Business Journey
Alan McKee

3. The Business Journey – 25th April
2017:
Avoiding Contract Disputes
Alan McKee
Head of Dispute Resolution
Macdonald Henderson

4. Introduction – Thoughts/Myths
Contracts are an everyday event
“Not worth the paper they are written
on”
“Possession is 9/10ths of the law”

5. Formation of a Contract
 Conduct
 Verbal
 Written
 Negotiation possible?
 consensus in idem

6. Fundamentals
 Correct parties
 Subject matter
 Definitions
 General terms – usually price and services
 Obligations of parties

7. Fundamentals that are often forgotten
 What if someone doesn’t perform their obligations
 Consequences
 Breach and remedy?
 Withholding of services?
 Non Payment?
 Set off?
 Reservation of Title?
 Material Breach - Rescind/terminate?

8. What happens if problems manifest?
 Problems will bigger or smaller depending on how
well the consequences for non performance/breach
have been regulated
 Common law remedies exist but far better to have
express terms.

9. Summary
 Contracts are everywhere
 No one thinks about them enough
 People do get away with it
 Minimum requirement is advice to help avoid
dispute
 No substitute for a bespoke contract where all
parties are aware of their duties and consequences
for breach.

10.  Macdonald Henderson Solicitors
Standard Buildings
94 Hope Street
Glasgow
Scotland
G2 6PH
 Tel. +44(0) 141 248 4957
Fax +44(0) 141 248 4986/8455
 Email:
Alan McKee alan@macdonaldhenderson.co.uk

11. The Business Journey
Questions?

12. The Business Journey
5 September
7 November
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