Articles
Standard terms: template, generator, or lawyer?
Templates reflect the average, generators do not know your facts. Why generic standard terms fail predictably, what a lawyer does differently, and when a template is actually enough.
How to incorporate standard terms internationally
How standard terms become part of the contract in international business, and what happens when both sides’ terms collide (battle of forms).
As far as legally permissible? Not a good idea.
A contract clause with the rider “to the extent permitted by law” is invalid. In a forum-selection clause, this becomes a serious problem.
No oral side agreements exist. But they do!
The German Federal Court of Justice (BGH) ruled on the validity of the clause ‘No oral side agreements exist’ in standard terms.
No individual agreement
A pre-formulated clause stating that the parties have supposedly negotiated each term individually is counterproductive, and in many cases legally void.