• FastrackGovind
• Business Strategy, Business Law
• May 22, 2026

Business contracts in India are legally enforceable when they satisfy the requirements of the Indian Contract Act, 1872: free consent, competent parties, lawful consideration, lawful object and absence of any legal declaration making the agreement void. A strong business contract should clearly define scope of work, payment terms, delivery obligations, warranties, indemnity, limitation of liability, confidentiality, intellectual property, termination, force majeure, dispute resolution, governing law and jurisdiction. Section 10 of the Indian Contract Act sets out the basic rule on what agreements are contracts.

Introduction

A business contract is not merely a document recording commercial intent. It is the risk-allocation instrument of the transaction. A poorly drafted contract may appear harmless when the relationship is cordial, but once payment is delayed, services fail, confidential information is misused, goods are rejected, employees are poached, intellectual property is disputed or litigation begins, the contract becomes the first battlefield.

In India, business contracts are governed primarily by the Indian Contract Act, 1872, supplemented by sector-specific laws, the Companies Act, 2013, the Sale of Goods Act, 1930, the Specific Relief Act, 1963, the Arbitration and Conciliation Act, 1996, the Information Technology Act, 2000, stamp laws, registration laws, tax laws and regulatory frameworks depending on the transaction.

For companies and startups, contract drafting must be commercial, enforceable and dispute-ready. A business contract should not merely say what the parties hope will happen. It must say what happens when things go wrong.

Also Read Business Contracts India

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What is a Business Contract?

A business contract is a legally enforceable agreement between two or more parties for a commercial purpose. It may govern sale of goods, supply of services, software development, consulting, licensing, distribution, employment, franchising, investment, confidentiality, outsourcing, technology support, partnership, agency, manufacturing or any other business relationship.

Common business contracts include:

1. Vendor agreement.
2. Customer agreement.
3. Master services agreement.
4. Consultancy agreement.
5. Software development agreement.
6. SaaS agreement.
7. Non-disclosure agreement.
8. Distribution agreement.
9. Franchise agreement.
10. Agency agreement.
11. Employment agreement.
12. Independent contractor agreement.
13. Intellectual property assignment agreement.
14. Licensing agreement.
15. Joint venture agreement.
16. Shareholders agreement.
17. Share purchase agreement.
18. Term sheet.
19. Business transfer agreement.
20. Settlement agreement.

The structure of each contract depends on the commercial objective. A vendor agreement is not drafted like a SaaS agreement. A consultancy agreement is not drafted like a share purchase agreement. A proper contract must fit the transaction.

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Legal Requirements for a Valid Contract in India

Section 10 of the Indian Contract Act, 1872 provides that all agreements are contracts if they are made by free consent of parties competent to contract, for lawful consideration and with a lawful object, and are not expressly declared void.

A valid contract generally requires:

1. Offer.
2. Acceptance.
3. Competent parties.
4. Free consent.
5. Lawful consideration.
6. Lawful object.
7. Certainty of terms.
8. Intention to create legal obligations.
9. Compliance with applicable writing, stamping or registration requirements, where required.

A commercial document may be signed by both parties but still become difficult to enforce if essential terms are vague, unlawful, impossible, uncertain or contrary to statute.

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Electronic Contracts in India

Business contracts may also be formed electronically. Section 10A of the Information Technology Act, 2000 recognises the validity of contracts formed through electronic means where proposal, acceptance, revocation or related communications are expressed electronically, subject to the statutory text.

This is important for modern businesses using:

1. Email acceptance.
2. Clickwrap terms.
3. Website terms of use.
4. App-based consent.
5. Digital signatures.
6. SaaS subscription flows.
7. Online purchase terms.
8. E-commerce contracts.

However, electronic contracting must be designed carefully. A business should be able to prove acceptance, identity of accepting party, version of terms accepted, date and time of acceptance, IP logs where relevant, and audit trail.

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Stamp Duty and Registration

Stamp duty is a serious but frequently ignored issue in commercial contracting. The Indian Stamp Act, 1899 and applicable State amendments govern stamp duty on instruments. The Act contains provisions on instruments chargeable with duty and the mode of payment of stamp duty.

Stamp duty varies depending on:

1. State.
2. Nature of instrument.
3. Value of transaction.
4. Whether the document creates rights in immovable property.
5. Whether the instrument is a lease, guarantee, indemnity, mortgage, assignment, power of attorney, share transfer or other document.
6. Whether e-stamping is available.

An inadequately stamped document may create evidentiary and enforceability complications. Some documents also require registration under registration law, especially documents affecting rights in immovable property.

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Essential Clauses in Business Contracts

1. Parties Clause

The contract should correctly identify the parties.

It should include:

1. Legal name.
2. Registered office or principal office.
3. CIN / LLPIN / GSTIN, where applicable.
4. Authorised signatory.
5. Board resolution or authority, where applicable.
6. Correct description of individual, company, LLP, partnership or proprietorship.

A contract signed by the wrong entity or unauthorised person may create enforcement problems.

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2. Recitals

Recitals explain the background and commercial purpose of the contract.

Good recitals should state:

1. Nature of business of parties.
2. Commercial objective.
3. Background of negotiations.
4. Reason for entering into contract.
5. Key assumptions.
6. Transaction context.

Recitals are not a substitute for operative clauses, but they help interpret the contract if disputes arise.

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3. Definitions and Interpretation

Definitions bring precision. Without defined terms, contracts become vulnerable to conflicting interpretations.

Important defined terms may include:

1. Services.
2. Deliverables.
3. Confidential Information.
4. Intellectual Property.
5. Effective Date.
6. Completion Date.
7. Fees.
8. Taxes.
9. Force Majeure Event.
10. Material Breach.
11. Business Day.
12. Applicable Law.
13. Affiliate.
14. Territory.
15. Term.

Interpretation clauses should also clarify singular/plural, headings, references to statutes, inclusive language, schedules and hierarchy of documents.

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4. Scope of Work

The scope clause is the heart of most business contracts. It should not be vague.

It should specify:

1. What is being supplied or performed.
2. Technical specifications.
3. Deliverables.
4. Timelines.
5. Milestones.
6. Acceptance criteria.
7. Exclusions.
8. Dependencies.
9. Client obligations.
10. Change request process.

A vague scope clause leads to disputes over whether work was completed, whether payment is due, and whether delay is attributable to one party or the other.

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5. Payment Terms

Payment clauses should be commercially precise.

They should cover:

1. Fees.
2. Milestone-based payments.
3. Advance payment.
4. Invoicing process.
5. GST and taxes.
6. Due date.
7. Late payment interest.
8. Reimbursement of expenses.
9. Set-off rights.
10. Withholding taxes.
11. Currency.
12. Payment method.
13. Disputed invoice procedure.

For vendors and service providers, unclear payment terms are one of the biggest recovery risks.

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6. Taxes

The tax clause should address:

1. GST liability.
2. TDS deduction.
3. Reverse charge, if applicable.
4. Tax invoices.
5. Input tax credit cooperation.
6. Gross-up, where negotiated.
7. Responsibility for penalties arising from defective invoices.
8. Change in tax law.

Tax clauses are especially important in cross-border services, SaaS, consultancy, logistics, e-commerce, marketplaces and high-value vendor contracts.

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7. Term and Renewal

The contract must state when it begins and when it ends.

It should cover:

1. Effective date.
2. Initial term.
3. Renewal term.
4. Automatic renewal, if any.
5. Notice before renewal.
6. Conditions for renewal.
7. Survival of obligations.

Automatic renewal clauses should be drafted carefully. Businesses often get trapped in unfavourable contracts because termination windows are missed.

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8. Representations and Warranties

Representations and warranties allocate factual and legal risk.

Common representations include:

1. Authority to enter the contract.
2. Valid existence.
3. No conflict with other agreements.
4. Compliance with law.
5. Ownership or right to provide goods/services/IP.
6. No litigation affecting performance.
7. No infringement of third-party rights.
8. Accuracy of information.
9. Tax compliance.
10. Licences and approvals.

Warranties may include performance standards, quality standards, fitness for purpose, service levels or conformity with specifications.

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9. Service Levels

In technology, logistics, outsourcing and managed services contracts, service levels are critical.

A service level clause may include:

1. Uptime.
2. Response time.
3. Resolution time.
4. Support hours.
5. Escalation matrix.
6. Reporting obligations.
7. Service credits.
8. Exclusions.
9. Scheduled downtime.
10. Disaster recovery.

A service level without remedy is weak. The contract should specify what happens if service levels are not met.

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10. Confidentiality

Confidentiality clauses protect business-sensitive information.

They should cover:

1. Business plans.
2. Financial data.
3. Customer lists.
4. Pricing.
5. Technical data.
6. Trade secrets.
7. Employee data.
8. Source code.
9. Transaction documents.
10. Negotiation information.

The clause should also specify permitted disclosures, exclusions, return or destruction of information, survival period and injunctive relief.

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11. Intellectual Property

IP clauses are essential in contracts involving software, branding, design, marketing, technology, content, research, product development, consulting or creative work.

The clause should answer:

1. Who owns pre-existing IP?
2. Who owns newly created IP?
3. Is IP assigned or licensed?
4. Is the licence exclusive or non-exclusive?
5. What is the territory?
6. What is the term?
7. Can IP be sublicensed?
8. Are source files included?
9. Are moral rights waived where applicable?
10. Are third-party components used?
11. Is open-source software involved?
12. What happens on termination?

For startups, unclear IP ownership can destroy valuation.

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12. Data Protection

Business contracts increasingly involve personal data, customer data, employee data or confidential business data. Data clauses are especially important in SaaS, HR-tech, fintech, health-tech, e-commerce, logistics, AI tools, cloud services and outsourcing contracts.

A data protection clause should address:

1. Nature of data shared.
2. Purpose of processing.
3. Security safeguards.
4. Confidentiality.
5. Access controls.
6. Data breach notification.
7. Sub-processors.
8. Data retention.
9. Data deletion or return.
10. Compliance with applicable data protection law.

Where digital personal data is processed, businesses should also examine obligations under the Digital Personal Data Protection Act, 2023.

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13. Indemnity

Indemnity is a risk-shifting clause. It requires one party to compensate the other for specified losses.

Common indemnity triggers include:

1. Breach of contract.
2. Breach of warranty.
3. IP infringement.
4. Confidentiality breach.
5. Data breach.
6. Regulatory non-compliance.
7. Third-party claims.
8. Gross negligence.
9. Fraud or wilful misconduct.
10. Employment claims by vendor personnel.

Indemnity should not be drafted blindly. It must define covered losses, process for claims, defence control, exclusions, caps and survival period.

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14. Limitation of Liability

Limitation of liability controls financial exposure.

Common structures include:

1. Liability capped at fees paid.
2. Liability capped at contract value.
3. Separate higher cap for data breach or IP claims.
4. Unlimited liability for fraud, wilful misconduct, confidentiality breach or IP infringement.
5. Exclusion of indirect and consequential losses.
6. Exclusion of loss of profits, revenue or goodwill.

The clause must be commercially negotiated. A customer will want broad recovery; a vendor will want predictable liability.

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15. Liquidated Damages and Penalty

Section 74 of the Indian Contract Act deals with compensation for breach where a sum is named in the contract or a penalty is stipulated. Indian law does not automatically award the full named amount merely because the contract says so; courts examine reasonable compensation within the statutory framework.

Therefore, liquidated damages should be drafted as a genuine pre-estimate of loss, not as an arbitrary punishment.

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16. Termination

Termination clauses must be precise.

They should cover:

1. Termination for convenience.
2. Termination for cause.
3. Material breach.
4. Cure period.
5. Insolvency.
6. Change of control.
7. Non-payment.
8. Regulatory illegality.
9. Repeated service failure.
10. Consequences of termination.

A termination clause should also state what happens after termination: payment of dues, return of confidential information, transition assistance, data return, IP rights, survival clauses and pending obligations.

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17. Force Majeure

A force majeure clause deals with events beyond reasonable control.

It may include:

1. Natural disasters.
2. War.
3. Government action.
4. Epidemics.
5. Strikes beyond party control.
6. Internet or utility failures, where appropriate.
7. Supply chain disruption, if negotiated.
8. Court orders or regulatory restrictions.

The clause should specify notice, mitigation, suspension of obligations, payment consequences and right to terminate if force majeure continues beyond a defined period.

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18. Change in Law

A change-in-law clause is useful in regulated sectors.

It should specify:

1. What qualifies as change in law.
2. Who bears increased cost.
3. Whether fees can be revised.
4. Whether performance timelines can be extended.
5. Whether termination is allowed if performance becomes illegal or commercially impossible.

This is especially important in tax-heavy, compliance-heavy and regulated contracts.

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19. Non-Solicitation

A non-solicitation clause prevents one party from poaching employees, consultants, customers or vendors of the other party.

It should be reasonable in scope and duration. Overbroad restraints may face enforceability objections under Section 27 of the Indian Contract Act, which declares agreements in restraint of lawful trade, business or profession void to that extent, subject to the statutory exception.

A narrow non-solicitation clause is generally stronger than an aggressive non-compete.

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20. Non-Compete

Post-contract non-compete clauses require caution in India. Broad restraints preventing a party from carrying on business may be vulnerable under Section 27 of the Indian Contract Act.

Instead of relying on broad non-compete clauses, businesses should strengthen:

1. Confidentiality.
2. IP ownership.
3. Non-solicitation.
4. Non-circumvention.
5. Exclusivity during contract term.
6. Trade secret protection.
7. Customer non-interference.

The stronger legal route is usually not a sweeping non-compete. The stronger route is a carefully drafted protection package.

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21. Exclusivity

Exclusivity clauses prevent a party from dealing with competitors or alternate suppliers/customers for the same subject matter.

Exclusivity should define:

1. Territory.
2. Products/services covered.
3. Duration.
4. Minimum purchase or performance obligations.
5. Exceptions.
6. Termination on failure to meet targets.

Exclusivity without performance obligations may create commercial imbalance.

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22. Non-Circumvention

A non-circumvention clause prevents one party from bypassing the other to deal directly with customers, vendors, investors, suppliers or opportunities introduced by that party.

It is useful in:

1. Brokerage.
2. Introducer arrangements.
3. Investment banking.
4. Vendor discovery.
5. Distribution.
6. Procurement.
7. Real estate.
8. M&A introductions.

The clause should identify protected contacts and duration.

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23. Assignment and Subcontracting

The assignment clause decides whether rights and obligations can be transferred.

It should address:

1. Assignment with consent.
2. Assignment to affiliates.
3. Assignment during merger or restructuring.
4. Assignment to purchaser of business.
5. Subcontracting rights.
6. Liability for subcontractors.

Customers often restrict assignment. Vendors often require flexibility to subcontract. The clause must reflect commercial reality.

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24. Audit and Inspection Rights

Audit clauses are important in outsourcing, data processing, manufacturing, franchise, distribution and compliance-heavy contracts.

They may cover:

1. Books and records.
2. Security audits.
3. Quality audits.
4. GST/tax records.
5. Data protection audits.
6. Inventory checks.
7. Compliance certificates.
8. Notice period.
9. Frequency.
10. Confidentiality of audit findings.

Audit rights should be broad enough to protect the customer but not so intrusive that they disrupt business.

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25. Compliance with Laws

Every business contract should contain compliance obligations.

Depending on the transaction, this may include:

1. Corporate law.
2. Tax and GST.
3. Labour law.
4. Data protection.
5. Anti-bribery.
6. Sanctions.
7. Environmental law.
8. Consumer protection.
9. Sectoral regulations.
10. Export control.
11. Foreign exchange law.
12. Licences and permits.

A compliance clause should not be boilerplate. It should match the sector.

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26. Anti-Bribery and Ethics

Anti-bribery clauses are important where the contract involves government contracts, procurement, agents, distributors, logistics, infrastructure, healthcare, defence, public-sector dealings or regulated sectors.

The clause should prohibit:

1. Bribes.
2. Kickbacks.
3. Facilitation payments.
4. Undisclosed commissions.
5. Conflict of interest.
6. Improper gifts.
7. Fraudulent invoices.
8. Sanctions violations.

It should also provide termination and indemnity rights.

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27. Notices

A notice clause decides how formal communications are served.

It should specify:

1. Address.
2. Email address.
3. Courier mode.
4. Registered post.
5. Deemed delivery.
6. Change of address.
7. Notice to authorised representatives.

Many disputes turn on whether notice of breach, termination or arbitration was properly served.

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28. Governing Law

The governing law clause states which law governs the contract.

For Indian domestic contracts, the clause usually states that the contract shall be governed by Indian law.

For cross-border contracts, governing law must be chosen carefully. Indian parties often choose Indian law, English law or Singapore law depending on transaction context, bargaining power and dispute strategy.

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29. Jurisdiction

Jurisdiction clauses specify which courts will hear disputes.

The clause should not casually mention multiple courts. It should identify exclusive jurisdiction where appropriate, subject to law.

For example, if parties are in Delhi and Mumbai but performance occurs in Bengaluru, jurisdiction must be drafted based on cause of action, seat of arbitration if any, and commercial convenience.

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30. Arbitration

Arbitration is common in business contracts. Section 7 of the Arbitration and Conciliation Act, 1996 deals with arbitration agreements, and the Act also provides for interim measures under Section 9.

A good arbitration clause should specify:

1. Reference of disputes to arbitration.
2. Seat of arbitration.
3. Venue, if different.
4. Number of arbitrators.
5. Appointment mechanism.
6. Language.
7. Governing law.
8. Institutional or ad hoc arbitration.
9. Confidentiality.
10. Interim relief rights.
11. Costs.

The “seat” of arbitration is crucial because it determines supervisory court jurisdiction. A vague arbitration clause creates avoidable litigation before the actual dispute even begins.

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31. Specific Performance and Remedies

The Specific Relief Act, 1963 governs specific performance and other reliefs. After the 2018 amendment, Section 10 was substituted to provide that specific performance of a contract shall be enforced subject to specified statutory provisions, while the Act also recognises substituted performance under Section 20 and personal bars under Section 16.

Contracts should therefore state remedies clearly:

1. Damages.
2. Injunction.
3. Specific performance.
4. Substituted performance.
5. Liquidated damages.
6. Service credits.
7. Indemnity.
8. Termination.
9. Set-off.
10. Escrow release.

Remedy clauses should align with the commercial nature of the contract.

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32. Entire Agreement

An entire agreement clause states that the written contract supersedes prior discussions, emails, term sheets and negotiations.

It helps prevent parties from later relying on informal statements outside the contract.

However, where some documents are intended to survive, such as purchase orders, statements of work, technical schedules or confidentiality agreements, the clause should expressly preserve them.

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33. Amendment and Waiver

This clause states that amendments must be in writing and signed by authorised representatives.

Waiver clauses prevent accidental waiver of rights merely because one party did not immediately act on a breach.

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34. Severability

A severability clause provides that if one provision is invalid or unenforceable, the rest of the contract continues.

This is useful where a court finds a particular clause overbroad, such as a restrictive covenant.

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35. Counterparts and Digital Execution

Contracts may be signed in counterparts. For electronic execution, the contract should allow digital signatures or electronic acceptance where commercially intended.

Given the recognition of electronic contracts under Section 10A of the IT Act, electronic execution can be valid, but evidence of authentication and authority should be preserved.

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Business Contract Checklist

A well-drafted business contract should cover:

1. Correct parties.
2. Authority of signatories.
3. Recitals.
4. Definitions.
5. Scope of work.
6. Deliverables.
7. Timelines.
8. Payment terms.
9. Taxes.
10. Invoicing.
11. Acceptance criteria.
12. Service levels.
13. Representations and warranties.
14. Confidentiality.
15. Intellectual property.
16. Data protection.
17. Indemnity.
18. Limitation of liability.
19. Liquidated damages.
20. Termination.
21. Consequences of termination.
22. Force majeure.
23. Change in law.
24. Compliance with laws.
25. Non-solicitation.
26. Non-circumvention.
27. Assignment.
28. Audit rights.
29. Notices.
30. Governing law.
31. Jurisdiction.
32. Arbitration.
33. Remedies.
34. Stamp duty.
35. Schedules and annexures.

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Common Mistakes in Business Contracts

Common drafting mistakes include:

1. Using copied templates.
2. Wrong party name.
3. No authority of signatory.
4. Vague scope of work.
5. No payment due date.
6. No tax clarity.
7. No acceptance criteria.
8. No limitation of liability.
9. One-sided indemnity without cap.
10. Missing IP ownership clause.
11. Missing confidentiality clause.
12. No data protection clause.
13. Weak termination clause.
14. No consequences of termination.
15. Vague arbitration clause.
16. No exclusive jurisdiction clause.
17. No stamp duty review.
18. No change request mechanism.
19. No service levels.
20. No survival clause.

The biggest mistake is assuming that a short contract is automatically safer. In commercial law, a short but vague contract is often more dangerous than a detailed, well-structured one.

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Practical Drafting Strategy

A strong business contract should be drafted backwards from the dispute.

Ask these questions before drafting:

1. What can go wrong?
2. Who bears that risk?
3. How will breach be proved?
4. What documents will support payment?
5. What happens if timelines slip?
6. What happens if goods/services are defective?
7. Who owns IP?
8. Who controls data?
9. What is the maximum liability?
10. How can the contract be terminated?
11. Where will disputes be heard?
12. What interim relief may be needed?

A contract that answers these questions clearly is commercially useful. A contract that avoids them is litigation waiting to happen.

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Contract Strategy for Startups

Startups should not rely on casual email understandings once money, data, IP or customer obligations are involved.

At minimum, startups should have:

1. Customer agreement.
2. Vendor agreement.
3. Founder agreement.
4. Employment agreement.
5. Consultant agreement.
6. IP assignment agreement.
7. NDA.
8. SaaS terms, if applicable.
9. Website terms of use.
10. Privacy policy.
11. Master services agreement.
12. Standard invoice terms.

A startup’s contract stack should be investor-ready. During due diligence, weak contracts become valuation risk.

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Contract Strategy for Established Companies

Established businesses should maintain contract discipline across departments.

This includes:

1. Standard templates.
2. Approval matrix.
3. Contract repository.
4. Legal review thresholds.
5. Vendor onboarding process.
6. Customer contracting policy.
7. Renewal tracking.
8. Litigation risk review.
9. Data protection review.
10. Periodic audit of high-value contracts.

Contract risk is not only a legal issue. It is a revenue, compliance and governance issue.

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Frequently Asked Questions

1. What makes a business contract valid in India?

A business contract is valid when it satisfies Section 10 of the Indian Contract Act, 1872: free consent, competent parties, lawful consideration, lawful object and absence of any legal declaration making it void.

2. Are electronic contracts valid in India?

Yes. Section 10A of the Information Technology Act, 2000 recognises the validity of contracts formed through electronic means, subject to the statutory framework.

3. What clauses should every business contract have?

Every business contract should ordinarily include parties, scope, payment terms, taxes, timelines, warranties, indemnity, limitation of liability, confidentiality, IP, termination, force majeure, dispute resolution, governing law and jurisdiction.

4. Is stamp duty necessary on business contracts?

Stamp duty depends on the nature of the instrument and applicable State law. Documents chargeable with duty should be properly stamped to avoid evidentiary and enforcement complications.

5. Is arbitration better than court litigation?

It depends on the transaction. Arbitration may be suitable for commercial disputes requiring confidentiality, technical adjudication or neutral forum, but the arbitration clause must be carefully drafted under the Arbitration and Conciliation Act, 1996.

6. Can a business contract restrict competition?

Broad restraints on trade, business or profession are vulnerable under Section 27 of the Indian Contract Act. Narrow confidentiality, non-solicitation, IP protection and non-circumvention clauses are generally stronger drafting tools.

7. What is limitation of liability?

Limitation of liability is a clause that caps or restricts the financial exposure of a party for breach. It may exclude indirect losses and cap liability at fees paid, contract value or another negotiated amount.

8. What is indemnity in a commercial contract?

Indemnity is a clause where one party agrees to compensate the other for specified losses, such as breach, third-party claims, IP infringement, data breach, tax default or regulatory non-compliance.

9. What is the biggest mistake in business contracts?

The biggest mistake is using generic templates without adapting them to the transaction. Contracts must reflect commercial reality, risk allocation, payment flow, IP ownership, data handling and dispute strategy.

10. Should all business contracts be reviewed by a lawyer?

High-value, long-term, IP-heavy, data-heavy, regulated, cross-border or liability-sensitive contracts should be legally reviewed before signing. A small drafting defect can become a major financial exposure.

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Conclusion

Business contracts in India must be drafted as instruments of protection, not paperwork. A good contract clearly records commercial obligations, allocates legal risk, protects money, safeguards intellectual property, controls liability and provides an effective dispute-resolution mechanism.

The foundation remains the Indian Contract Act, 1872, but modern commercial contracts must also account for electronic execution, arbitration, specific relief, stamp duty, data protection, tax, intellectual property and sector-specific compliance.

The strongest contracts are not the longest contracts. They are the clearest, most enforceable and most commercially aligned contracts.

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Disclaimer

This article is intended for general legal awareness and educational purposes only. It does not constitute legal advice, solicitation, advertisement or creation of an advocate-client relationship. Business contracts depend on the transaction structure, parties, sector, value, governing law, tax position, stamp duty, intellectual property, data processing, regulatory requirements and dispute-resolution strategy.