Cultural Enterprise Office

How do I form a contract? When and on what basis may a contract be formed?

Exploitation (registration)

• Material – contractual discussions should be entered consciously and put into writing.
• Mode – there should be an offer and an acceptance, or a single document to negotiate subject to contract.
• Meeting (of minds) – there should be clear, unqualified agreement, or a counteroffer may have been tendered.

What provisions may give rise to a contractual beating? Is contractual self-defence possible?

Protection

• Risk – consider warranties and indemnities or the need to revise them.
• Reward – contractual performance (e.g. lump sum vs. royalties) and non-performance (e.g. interest) can carry inadvertent rewards.
• Rest – insurance policies can enhance peace of mind over contractual risk.

When contracts are concluded, don’t they just get put in a drawer and forgotten about?

Management

• End – auto renewal clauses and the conduct of the people involved may prevent a contract from ending.
• Examine – audit contracts regularly and consider whether amendments are needed to keep them commercial and relevant.
• Enforce – register contracts for legal preservation and execution.

Disclaimer: We want to keep you in the know, so we offer a wide selection of useful resources. But Cultural Enterprise Office isn’t responsible for the advice and information of external organisations in this document. So if you have any questions, please contact the specific organisation directly.