The baird truth

In the wake of clothing supplier William Baird’s failed action against Marks & Spencer last month, Peter Marsh asks whether long-term agreements can survive without a written contract

In recent times, it has become almost a point of dogma in certain purchasing circles that negotiations for long-term contracts should not result in legally binding agreements, since these are perceived to be adversarial. The strongest expression of this is partnering, whose proponents recite the mantra “we don’t need a contract, we’re partnering”.

If all goes...

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