The Commercial Engineer's Desktop Guide

So what practical advice can be extracted from this morass? For the commercial engineer there are probably three points of interest:
| Practical pointers | Firstly, there is the danger of actions or words implying contractual obligations where no such intention was meant. Here then is a first warning to the commercial engineer. His conduct may lead to unintended contractual obligations. If the engineer appears to be acting on behalf of the company (having the company's ostensible authority ) then a commitment may accidentally be made. The whole purpose to professional life is the pursuit of business and the creating of contracts. It might be said therefore that there should be no doubt that the intention is to create relations. However, it is frequently just the opposite. Marketing, sales, engineering and project management people will regularly discuss possible transactions with potential customers and suppliers with no intention to create legal relations. It is vital that in such matters the purposes of the discussions are clear to all so that legal relations are not inadvertently established. A letter confirming the discussions, but stating the discussions and the letter do not constitute an order or a commitment to place an order with you is an example of a practical precaution. This belt and braces disclaimer points out that not only is no order created but also that no intention to place an order should be construed from the actions and discussions. Another safeguard in these... |