August 21, 2019
Nursing Home Contracts of Care
Under the Health Act 2007, nursing homes in Ireland are required to enter what is known as a ‘contract of care’ with each resident. This summer, the Competition and Consumer...
Few things define the success of a business more than its commercial contracts. Not only do clear, robust contracts provide certainty between your organisation and your customers and suppliers, they also give confidence to potential investors that your enterprise is well-organised and smartly-run.
Our corporate team, led by partner, Gríana O’Kelly, advises clients across a broad range of sectors in relation to all of their commercial contract requirements. We will ensure the contracts key to your business’s growth operate in your best interests and are water-tight in regard to complex terms such as indemnities, dispute resolution, time-scales, and deliverables.
We advise on all types of commercial agreements including the following:
Contrary to popular belief, an enforceable contract does not need to be written down. There are exceptions, contracts concerning interests in land and guarantees must be in writing under the Statute of Frauds. However, it is incredibly difficult to prove the terms of an oral contract; therefore, if you are entering into an agreement any more complex than buying a pint of milk from your local store, get it on paper.
At Lavelle Partners, you can be confident that an experienced partner will deal with the drafting, reviewing, and negotiation of your commercial agreements. Our commercial team is pragmatic, clever and proactive, quickly identifying the strengths and weaknesses of your position and drafting accordingly.
In 2017, the Court of Appeal upheld the position that there is no general principle of good faith and fair dealing in Irish Contract law (John Flynn and Benray v Breccia and Michael McAteer). Therefore, our commercial contract team will ensure that when negotiating an agreement, if you wish to rely on good faith or fair dealing provisions, we will ensure they are expressly included in the contract.
Commercial contract disputes are time-consuming, expensive, and can result in damage to your brand’s reputation. Although disputes cannot be avoided, the key to mitigating the risk is to invest in expert drafting and review of all your commercial agreements. Our Solicitors have the experience, legal knowledge, and business acumen required to ensure your contracts are sharp, robust, and advance your commercial ambitions.
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