As an academy, independent school, FE college or other educational body is a ‘legal ‘person’ in its own right all contracts, whether commercial, employment or otherwise, will be in the name of the educational body which will be legally responsible for the performance of its own obligations under the contract and will have the right to enforce the obligations of other parties to the contract, which may involve action (or at least the threat of action) through the courts.
As a contract involves the creation of legally enforceable rights and obligations it is essential that before whoever negotiates the terms of the contract and enters into the contract on behalf of the academy, independent school, FE college or other educational body is not only commercially aware and properly authorised but also has access to responsive legal advice.
Not only that, as academies, FE colleges and some other educational bodies are ‘contracting authorities’ within the meaning of the public sector procurement regulations, it is essential that any commercial contracts entered into comply with those regulations.
We advise in relation to all aspects of commercial contract, including:
- providing generic advice in relation to common pitfalls to watch out for when entering into commercial contracts;
- conducting (or providing ‘behind the scenes’ advice in relation to) the negotiation and formation of more complex commercial contracts;
- drafting standard terms and conditions of contract;
- drafting website terms and conditions;
- advising on procurement issues;
- advising on any related intellectual property issues (including copyright, trademarks, and patents); and
- acting on the recovery of debts and other types of enforcement action.