Advantages for the use of model forms of contract include:
• Helps to reduce the time and cost in contract development, particularly in detailed negotiation of terms and conditions.
• Avoids starting from the beginning each time, avoids” re-inventing the wheel” each time.
• Model contract forms may be widely accepted by both buyers and sellers across the industry or sector.
• Model contract forms are even handed and designed to be fair to both parties in the contract.
• Model contract forms include standard clauses that can be selected or deleted on an as required basis.
• Model contract form’s standard clauses are more likely to contain the correct legal terminology without recourse to third party experts.
Disadvantages of this type of contract include:
• Terms may be less advantageous, than may be achieved through negotiations, particularly where there is one party who is much stronger than the other.
• The generic contract may be difficult to adapt to the specific circumstances between two parties.
• Terms may not necessarily include special clauses or requirements to cover a particular or unusual situation.
• Legal advice and input may still be required, particularly where significant variations to the norm are required.
• There may be costs associated with training staff in the detailed application of the model forms of contract.
[Reference:, - D5 Sample QUESTION and answer, - CIPS study guide page 147, LO 3, AC 3.1, , , ]
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