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Sole, exclusive, preferred: what's the difference? How to avoid common contractual pitfalls

Overview

All too often, businesses believe that they have secured a valuable commitment to exclusivity - only to discover that, when they come to enforce it, the relevant contractual provisions are not watertight.


This briefing looks at how to avoid the most common pitfalls and ensure that your exclusivity provisions achieve your commercial objectives, including a clear explanation of the difference between the terms 'sole', 'exclusive' and 'preferred'.


The briefing also looks at the salutary example of Globe Motors v TRW Lucas Varity [2016], which concerned a long term exclusive purchasing agreement for electric motors used in car power steering systems.

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