Commercial Contracts

Largely, yes — between businesses, English law lets you cap and exclude most liability provided the term is reasonable under the Unfair Contract Terms Act 1977. You can't exclude liability for death or personal injury caused by negligence, or for fraud. Consumer contracts are far more restricted under the Consumer Rights Act 2015.

A contract can be formed by email, conduct or even a phone call if the essential terms are agreed — which is exactly the problem. Without a signed document, you're arguing later about what was agreed. Get the terms in writing before work starts, and make sure your terms — not theirs — are the ones that apply (the 'battle of the forms').

The Commercial Agents (Council Directive) Regulations 1993 give self-employed agents who negotiate sales of goods statutory rights on termination — including compensation or an indemnity that can amount to a year's commission or more. If you appoint an agent, the agreement needs to address them; if you are one, they may be worth a great deal.