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Business Lawyer
Business Lawyer, commercial and contracts and advisory lawyer, 4-10 years PAE, and $ negotiable performance based, depending on experience.
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When a thumbs up emoji means accepting an offer
In a time where communication increasingly takes place through text messages and social media platforms, the legal recognition of non-traditional expressions, such as emojis, presents a potential evolution of the doctrine of acceptance in contract law. The 2023 Canadian decision by the Saskatchewan Court of King’s Bench (Court) in South West Terminal Ltd v Achter…
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What is an indemnity clause?
The word indemnity, in its’ legal context, is defined as “legal protection against liabilities arising from one’s actions.” An indemnity clause therefore, represents the contractual embodiment of this definition, serving as a formal mechanism which protects one party from the from the actions or inactions of another. In effect, it enables parties to allocate risk…
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QITC IT contracts framework an introduction
In August 2017, the Queensland Government introduced the Queensland Information Technology Contracting (QITC). The QITC framework replaces the Government Information Technology Contracting (GITC) framework. It was designed for the purpose of guiding all Queensland Government Information and Communications Technology (ICT) contracts.
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How to read a commercial contract
A commercial contract (Commercial Contract) is a legally binding agreement between two (2) or more parties that contains the terms and conditions for a mutual exchange of value, such as goods or services for financial compensation. This article aims to assist the reader on how to understand the contents of such a document.
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Arbitration clauses in international contracts
Arbitration is a private process where parties to a commercial contract agree (Arbitration Agreement) to let an arbitrator[1] (Arbitrator) make a binding decision on a dispute between them, without recourse to national Courts. The Arbitrator receives evidence, hears arguments and applies relevant law to reach a binding decision, called an award (Award). The Arbitrator’s decision…
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Tortious contract interference – injunctive relief
The wrongful or “tortious” interference with a contract occurs when a third party intentionally causes a contracting party to commit a breach of contract. The third party will be liable if they intentionally induced or disrupted a party’s ability to perform the terms of a binding contract. Remedies for tortious interference are available to ensure…
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Are contract recitals legally binding?
Recitals, also known as the “preamble” or “details” clauses (Recitals) are introductory statements at the start of a contract that provide context, background or reasons for the terms and conditions that follow. They have been historically used by the Courts to aid in the interpretation of ambiguous terms and are capable of including essential provisions…
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Unfair contract terms, penalties & ACCC v Employsure 2020
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially…
Contract law
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