October 2010
Intermediate to advanced
117 pages
2h 8m
English
Content preview from Service Level Agreements: A Legal and Practical Guide
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4: Drafting the SLA and Key Clauses
90
Factors the court will take into account when
making this decision:
x Equality of bargaining power. In particular
(see Tullett Prebon Group Limited v Ghaleb
El-Hajjali [2008] EWHC 1924), the fact that
the other party were represented by solicitors
and could negotiate changes to the contract
that were to its benefit.
x Estimating the loss. The preparation of some
form of financial assessment will be helpful. It
should not be hard to prepare a calculation of
the predicted losses before entering into the
contract and this can then be used as evidence.
x Discuss and agree with the other side. It would
be sensible to discuss any calculations and
agree, as far as possible, the amount payable
under the
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