Full Service Law FirmSine Qua Non Of An Agreement

October 30, 20150
An agreement has two Sine Qua Non Ingredients i.e
a. characteristic ingredients
b. legal ingredients
A perfect agreement should have balanced application of both the ingredients.
CHARACTERISTIC INGREDIENTS
A well drafted agreement can be summarised with the following IMPORTANT CHARACTERISTIC INGREDIENTS
Simplicity
Clarity
Futuristic
Options
Definitions
Straight & small sentences
LEGAL INGREDIENTS
Whereas, the BARE MINIMUM mandatory LEGAL INGREDIENTS of an agreement to make it valid should be as below :
An intention to enter into legal relations
An offer & acceptance of the offer
Certainty with scope of work/services and obligations
Commercial considerations
Jurisdiction
Validity 
Parameter to check performance
Place of Supply /Performace
Dispute & Settlement remedy
Completion Module & Documentation
Confidentiality
IPR Protection
Force Majeure
The aforesaid combination of “characteristic ingredients” & “legal ingredients” is often felt to be necessary . Especially, when it comes to tackle & defend a dispute, arising out of breach of condition(s) of an agreement , during an arbitration proceeding.
 
by Anand Mishra, Advocate, Founder AMLEGALS
( The author is a leading advocate and handling cases in Tribunals & High Courts of India . He can be contacted on anand@amlegals.com. For more please refer www.amlegals.com )
You may also like to refer
Seven Tips On Successful Arguement

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Current day month ye@r *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.

 

Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.