Commercial contracts

Deal fatigue in commercial contracts

Deal fatigue is surprisingly very common in commercial transactions in Australia because of the complexity of the law and the sheer volume of documentation that’s often required.  An unfortunate consequence can be that benefit of entering into the deal in the first place can be watered down to the extent that the deal becomes unpalatable.   This article will discuss the symptoms of deal fatigue and offer some tips on avoiding it.  This video offers a definition of precisely what deal fatigue is, how to recognise it and how you can try to avoid it.

Enforcing the terms of a confidentiality agreement

Legally enforceable obligations to maintain confidence may arise in contract or in equity.  Relief is available against a party who discloses confidential information without authorisation, and in some cases against third party recipients of such information.  In order to enforce a breach of confidence in contract or in equity, the presence of a number of elements must be established. [Read more…]

Terminating a contract with no end date

In practice, we come across commercial agreements of varying types (Contracts) that, for whatever reason, don’t provide for a term or an end date (Expiry Date).   There may have been reasons for this at the time that can no longer be recalled.   It raises a number of issues, particularly where the subject matter of the Contract is not the performance of a discrete set of obligations, but is rather the basis of an on-going relationship.  The most obvious problem that arises in such circumstances is where both parties are performing their obligations under the Contract, but for whatever reason one party (Terminating Party) wishes to bring the Contract to an end. [Read more…]

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