Covid-19 coronavirus: Agreements to Agree - can they be binding?

A&O Shearman podcast archive - A podcast by Allen & Overy

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The market volatility triggered by the Covid-19 pandemic is raising questions about the rights that parties have to exit commercial commitments they have entered into and whether there is any legal commitment to carry them through. In this episode, litigation counsel Helen Biggin, litigation consultant Peter Watson and structured asset finance senior associate Chris Mitchell, discuss whether documents, such as non-binding letters of intent, can be deemed to be binding if one party's actions suggest that an agreement has been made and what steps parties can take to ensure that they do not inadvertently create a binding agreement.