This topic is for all questions raised on our webinar "Contractual Entitlements (Part 1) What are Contractual Entitlements”. If you haven’t already attended it, you can sign up here:- [Webinar - Contractual Entitlements (Part 1) - What are Contractual Ent | Built Intelligence](https://Webinar - contractual entitlements what are contractual entitlements)
What’s it about?
The aim of this webinar is to provide an overview of the types of entitlement that may arise under a contract and the obligations and liabilities which flow therefrom.
After attending this webinar, you should be able to:
- Explain how a contract is made,
- Understand what a contractual entitlement is,
- Identify the types of entitlements that arise,
- Understand how one party’s entitlement impacts the other party.
Can pre- & post-contract email agreements not necessarily included in the contract be admitted or recognised as legally binding between the parties?
Are implied terms recorded in the contract documentation somehow and if yes where would they usually go?
Should the letter of intent specifically mention that there is no intention to make legal agreement? or that the letter of intent does not form a contract?
That’s a big question to answer in a short reply. If communication or other agreement is not included in the contract then it will not be part of the contract. However, in certain circumstances the courts will look to evidence outside of the contract in order to find out the parties’ intentions so as to aid the interpretation of an ambiguous contractual provision. Whether this is available to the parties to argue in court will depend on the particular circumstances
They are not recorded in the contract. If they were, then they would be express terms, not implied.
Depends on what the parties want - if they do not want the LOI to be a contract then it should be so stated.