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Searching Content indexed under Contracts and Commercial Law by ClarkeKann Lawyers ordered by Published Date Descending.
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1
CK Alert: Contract indemnities – why the fuss?
Indemnities can provide certainty and can be useful to shift liability to the party best placed to manage the risks.
Australia
1 Dec 2018
2
Small business loans: not so - take it or leave it - anymore!
ASIC has recently published a report on how the unfair contract terms regime applies to loans made to small businesses.
Australia
15 Nov 2018
3
What is consequential loss and how do I deal with it in my contract?
Explanation of clauses excluding liability for consequential loss and how to deal with them.
Australia
28 Aug 2018
4
The restriction on the exercise of ipso facto rights - what does it mean for the construction industry?
Article discusses amendments to Corporations Act and their effects on the construction industry.
Australia
29 May 2018
5
Hey, that is not fair! Contract renewed automatically – when did that happen?
This article looks at the enforceability of automatic renewal clauses in light of the unfair contract terms regime.
Australia
21 May 2018
6
The comic contract movement - when a picture really is worth 1000 words
Article discusses the new comic contract movement and its pros and cons.
Australia
16 May 2018
7
Are online contracts enforceable?
Article discusses online agreements, their origins, how to identify them, their legal enforceability and recommendations.
Australia
17 Apr 2018
8
How to protect your investment in a joint venture
All parties to a joint venture agreement are encouraged to ensure that they have a registered interest in the land.
Australia
2 Apr 2018
9
The great escape: can the guarantee you signed be enforced?
If you're being pursued after signing a personal guarantee, you may be liable under that guarantee, or it may be invalid.
Australia
10 Mar 2018
10
Pass the parcel – Battle of the standard-form contract
Agreements change over time, and parties often end up operating on 'unspoken' terms, which are easily open to dispute.
Australia
17 Feb 2018
11
When can you form a contract electronically?
Gone is the time when there was doubt around whether email exchanges could form a valid binding agreement.
Australia
24 Sep 2017
12
SaaS Agreements: The Essential Legal Guide
The article includes a 10-step guide to SaaS agreements so that you know exactly what's involved and how to get started.
Australia
30 Jul 2017
13
Exemptions for transfer duty (in NSW): Cancelled agreements for sale of land
When an agreement is cancelled, the NSW Act provides that duty may not be imposed, and duty already paid may be refunded.
Australia
17 Jul 2017
14
Strict compliance and the exercise of options
The terms of an option agreement must be strictly complied with, to preserve the integrity of the resulting contract.
Australia
13 Feb 2017
15
Strata schemes maintenance obligations v warranties
Manufacturer and installer warranties can vary significantly in their terms, with a dramatic effect upon obligations.
Australia
1 Apr 2016
16
Caution contractors: Time bars can pack-a-punch!
Time restrictions have become an increasingly common theme in construction industry disputes in Australia.
Australia
14 Mar 2016
17
Is your construction contract valid and enforceable?
The BCIPA adjudication decision was void, due to the illegal construction contract that underpinned the payment claim.
Australia
21 Dec 2015
18
Set-off and unfair preference claims
We discuss The decision of the Queensland District Court in Morton & Anor v Rexel Electrical Supplies Pty Ltd.
Australia
29 Nov 2015
19
Unfair contract provisions and small business
If you operate a small business or contract with small businesses, then it is important to consider these provisions.
Australia
18 Nov 2015
20
What you need to know about cross border disputes & international arbitration
There is a growing need for contracts to adequately reflect an international position for any dispute resolution process.
Australia
23 Oct 2015
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