IP Draughts was recently asked to read a set of papers. The papers include numerous contractual-looking documents that seem to have been prepared by non-lawyers. The following paragraph in one of the papers caught his eye:
Where the Documents are signed and dated by authorised signatories of the relevant Parties and where provisions of the Documents were not “subject to contract” at the date of signature and where the drafting of an individual provision is complete and where the provision has not been superceded [sic] by provisions in later documents meeting the same conditions, then the Parties confirm that the provisions which meet these conditions shall continue to be treated as binding on the Parties on whose behalf the Documents were signed.
IP Draughts welcomes suggestions as to whether there any circumstances in which this statement would have any contractual effect, and what that effect would be.