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Drafting Stuff

Heads of Terms – FAQs

July 2021 This Guide focuses on Heads of Terms as used for acquisitions (buying company shares or buying business assets as a going concern).

Unfair by definition

You can check out any time you like but you can never compete? A Court of Appeal decision on restrictive covenants by employee shareholders

Goodwill hunting

An example of loose drafting of a warranty liability exclusion clause in a share purchase agreement

A remotely interesting case

This 2020 Privy Council case was about the basis on which you work out how far you can go when working out for what kinds of losses you can claim damages when there is a breach of contract, before they have to be treated as irrecoverable because they are too remote.