12th December 2022
Article written by Kyle Smith, Trainee Solicitor in our Commercial Department.
T’was the night before Christmas and Santa’s sleigh was very light… “the elves haven’t received anything in the post, oh what a fright”
The helpful trainee shouted up “Oh but Santa, you should have checked your contracts to see what could be done. You of all people should know, no presents = no fun”
The nation is encountering issues with obtaining items in the post, a backlog both through traditional reasons (the run up to Christmas) and industrial action taking place. Regardless of what the reasons are, it is disruptive for all.
Contracts often include force majeure clauses and delivery sections, often seeking to either:
- establish delivery takes place at the offices of the supplier prior to dispatch (potentially meaning that any issues are the responsibility of the recipients); or
- establish that any delay is not their fault and no liability would be accepted.
It is always worth reviewing your terms and conditions or contracts at any time to check whether you are prepared for changes in the market or what to do if issues arise. Often disputes can be avoided between two contracting parties if an issue can be identified and resolved by the parties by communication. As Santa’s elves could have done if they’d looked at alternative shipping arrangements with their suppliers!
For advice on conditions of contracts, or any other legal advice please contact our experienced team for further information.