Better Contracts Podcast

Welcome to the sixth and final episode of Better Contracts, where our expert panel will be exploring the complex world of consumer protection issues along the product lifecycle and consumer journey. In today's global marketplace, companies face an ever-increasing need to get their products into the hands of consumers quickly and easily. But with this comes the responsibility of ens

Supply chain uncertainties brought about by raw material shortages and energy costs have led to an increase in strategic partnerships as businesses seek to secure alternative agreements to equity joint ventures. There needs to be a balance of trust, risk and clear outcomes to benefit both parties. What provides a basis for mutual growth and reward? And, what can lead to difficultie

Global businesses often seek a streamlined approach to contracting by adopting standard contracts wherever they do business. This episode explores why local law differences should still be taken in account and how the type of contract can also be a factor in the degree to which a standard approach is possible. Differences in law are nothing new but recent global events have upset t

Every court, wherever they are in the world, sets limits on the types of losses which can be recovered following a contract breach. Following the general principle that a wronged contract party should be reasonably compensated without the breaching party being exposed to unlimited risk, how do different courts deal with this in practice? Do they use the same terminology? What are t

What does using “best endeavours” or doing things “in good faith” actually mean? During contract negotiations, absolute obligations are often watered down by a range of terms from “best endeavours” to “commercially reasonable efforts” but what effect do these words have? How strong is the obligation in each case and is the meaning clear? The answer often depends on

The biggest challenge currently facing all sectors globally is supply chain disruption. A perfect storm of post-COVID recovery spurring demand coupled with a lack of resources, the war in Ukraine, rising prices and energy costs mean suppliers are under pressure across the board. How are their contracts stacking up? One thing’s for sure – long, fixed price contracts are a thing