Contract Law

Entire agreement clause pitfalls: supplier beware

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Contract entire agreement clause

An entire agreement clause, including a no-reliance provision, can protect a party where the other parties tries to rely on a pre-contractual statement that it alleges the first party made orally or which is set out in other documents. What is a pre-contractual representation? In IT and telecommunications deals a pre-contractual representation is generally an oral or a written statement that […]

Contract Law

Locking Horns: The Differences Between Jurisdiction and Governing Law

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Differences between jurisdiction and governing law

Number 1 Takeaway: Jurisdiction and governing law clauses address different things Jurisdiction and governing law are different. Because of the differences between jurisdiction and governing law, parties should draft them clearly and ideally in separate clauses in a contract. But what exactly are the differences between jurisdiction and governing law clauses? In this article I will […]