The Commercial Court responded to the applicant`s assertion that the parties intended to conclude a binding contract and was therefore endeavouring to implement the option agreement. It stated, inter alia, that the option agreement was part of a `package` of contracts and that the consideration for the grant of the options by the defendant was also taken into account by the subsidiaries of the applicant which concluded the shipbuilding contracts. If you are tempted to sign a contract qualified by a language that indicates that the parties will later mutually agree on certain conditions essential to the agreement or important to your part of the agreement, you`d better negotiate those terms now than invest in time and cost, to find a solution later. In order to minimise this risk, where flexibility is necessary and no significant time limit can be set at the time of conclusion of the contract, the parties should provide for provisions that operate late in the agreement between the parties. The Commercial Court examined the principles applicable to the agreements to be concluded in the main judicial appel appelle authorities of Mamidoil-Jetoil Greek Petroleum and B J Aviation. One of the fundamental principles that flows from these decisions is that if the parties have agreed on an essential matter in the context of an effective construction of the contract (for example. B the price in a contract for the sale of goods or the provision of services) in the future, the contract is probably unenforceable due to uncertainty. The decisions are also decisive for the argument that, when it is satisfied that the parties intend to implement their agreement, it should endeavour to achieve that intention by the construction or implication of a provision. However, the implied provision must not be contrary to the Tribunal`s conception of explicit contractual conditions. It is possible to say “agree with someone”, but it is more formal and much rarer than “agree”: saying “I agree with you” is a common mistake among native speakers of Romance languages.
For example, if you mean that you agree with someone in Spanish, you would use the phrase As a matter of normal business practice, parties who plan to make a formal written document to express their agreement, discuss and negotiate necessarily the proposed terms of the agreement before they conclude it. . . .