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In this Commercial eBulletin we examine the importance of using "subject to contract" wording in pre-contractual negotiations and how a recent Court of Appeal decision may pave the way for parties to provide their consent to a future novation of their contract as well as other recent developments and decisions which may have a significant impact on commercial contracts.
It has been another unusual year, and although many clients continued to face difficult markets, an increasingly large proportion have been thriving. Has a corner been turned? We don't think so yet - but the signs are encouraging, and we have begun 2011 with great optimism.
A recent case has served as a reminder of the importance of marking pre-contractual correspondence and draft documents with the words "Subject to contract".
The underlying purpose of contractual damages is to put the injured party in the position in which it would have been, had the contract been performed satisfactorily.
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