Contract drafting & representation

Solicitors advising on and documenting the meaning, effect & performance of the terms of contracts

Solicitors here supply all forms of commercial contract documentation. A contract is an agreement giving rise to obligations which are enforced or recognised by law. Contracts are more easily enforced if they are clear, unambiguous and carefully expressed in writing.

We know that costs are a primary concern for all our clients. We aim to provide clear, up-front information about our charges so that there are no unexpected surprises.  From our base in Bristol we are able to provide a service which is far more cost-effective than instructing solicitors in London but without compromising on quality.
 
We act for clients internationally and can prepare contracts with a multi-national dimension as easily as purely domestic contracts.

Solicitors at Humphreys & Co. are also experienced in contractual interpretation; if you are a business or an individual and require advice on the meaning and effect of the terms of any contract to which you are a party or into which you intend to enter, our lawyers can advise you.  If you are not a party to a contract you may, in certain circumstances, still have rights under it and our solicitors can advise you on whether this is so.

Contract frequently asked questions What is a contract? A contract is an agreement giving rise to obligations which are recognised or enforceable by law.  All manner of commercial agreements may give rise to a contract: the agreement does not have to be in writing.  In order to protect your position and reduce the likelihood of disputes you ought to make sure that the terms of any agreement that you are proposing to enter into is in writing and prepared by experienced solicitors.   Why should I seek specialist legal advice? Whatever the nature of the agreement which you intend to enter into, you should seek legal advice so that your agreement: is in writing, and therefore easy to prove if this becomes necessary; is in clear, unequivocal terms, so that instances of dispute can be avoided or more easily resolved; is enforceable – our solicitors are aware of the pitfalls that could render a poorly-drafted contract unenforceable which, depending on the value of the contract, could potentially result in the loss of millions of pounds to your business; provides for the unexpected – our solicitors can ensure that your contract is skilfully drafted to ensure that when the unexpected occurs, you are not left out-of-pocket; protects your position by having been properly negotiated and drafted in terms favourable to you.

Contract formation “The law on formation of contract can be encapsulated in a number of basic propositions:   (1) The test of whether an offer has been accepted is an objective test, namely whether the words or conduct are such as to induce a reasonable person to believe that the person intends to be bound.   (2) As a general rule an offeree who does nothing in relation to an offer is not bound by its terms.   (3) If the offeree has solicited the offer, the agreement that he should not be put to the trouble of rejecting the offer when it is made loses much of its sting.   (4) If there is a course of dealing between the parties, the offeror may be led to suppose that silence amounts to acceptance.   (5) Acceptance can be given by conduct. Where this amounts to a positive act it may well be clear that acceptance has been given, although no words of acceptance have actually been spoken” Hayes & Others –v- Gallant [2008]