contract law

Implied terms in software contracts – part 2

A contract relating to software may have both express and implied terms that may be in writing or be oral or a combination of both.   Express terms are those which the parties have articulated before concluding a contract.  In contrast, implied terms are those which are unlikely to be reduced to writing, but a Court may be asked to imply into the contract to give it business efficacy. [Read more…]

Terminating an indefinite contract

There may be many reasons for a contract having no end date (Indefinite Contract).  However, in practice this can be problematic when a party wants to end the contract for any reason.  In this article we examine how to deal with the various contractual requirements for termination of an Indefinite Contract. [Read more…]

e-Signatures – legally binding on companies?

The rise of e-signing software such as docuSign (e-signature) has become commonplace for the execution of contracts electronically.  Each state of Australia and the Commonwealth has its own equivalent to the Electronic Transactions Act 2001 (Qld) (ETA).  The use of E-signatures has streamlined the contract execution process, however a recent case in the Supreme Court of South Australia has highlighted their vulnerability.  The decision of Stanley J in Bendigo and Adelaide Bank Limited v Kenneth Ross Pickard [2019] SASC 123 (Adelaide Bank) is illustrative of this. [Read more…]

Federal Court rules on unfair contract terms

The recent decision of the Federal Court of Australia in Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224 serves as a reminder to businesses that use standard form contracts to carefully review their terms.

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What is a collaboration contract?

Also referred to as a collaboration agreement, a collaboration contract (Collaboration Contract) is an agreement between two (2) or more organisations (or individuals) that want to collaborate to pursue a defined or limited business purpose.  In essence a Collaboration Contract is a species of unincorporated joint venture because the collaborators have to contribute resources and decide on the ownership of the proceeds.  In the technology sector, the main legal issues involve the contribution and licensing of background Intellectual Property (IP), the ownership of the resulting IP and arrangements which apply at the end of the term. [Read more…]

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