Personal Guarantees: 5 things you should know
Personal Guarantees: 5 things you should know A personal guarantee is a promise made by the person giving the guarantee that they will meet the obligations of a person...
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Letter of Demand
What is a letter of demand? A letter of demand is a formal demand for action by a third party. While a letter of demand may seek that the...
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Contractual Warranties: Can an assignee sue for pre-assignment breaches?
Introduction An assignee is a person (or entity) to whom a right or liability has legally been transferred. In business, it’s quite common for parties to a commercial contract...
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Constructing your license agreement to meet your needs
Many a business’s most valuable asset is its right to regulate who uses, and who has the right to use, a particular product. If you own the product, the...
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The most important provision of a shareholders’ agreement is the exit provision
There can be no doubt that if you are a shareholder and a party to a shareholders agreement, written or verbal, that one day you will exit the shareholders...
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What types of deadlock clauses are used in Shareholder Agreements?
What types of deadlock clauses are used in Shareholder Agreements? A deadlock clause is a provision to resolve a situation where there is a major disagreement (or ‘deadlock’) between...
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Effective Exclusion Clauses in Commercial Contracts: 2 Lessons for Business Owners
A recent decision in the case of LA Rosa v Nudrill WASCA 18 serves as a reminder to all business owners that exclusion clauses in contracts are not...
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Business Contracts: The Devil is in the Details
Overlooking important “fine print” in business contracts can get you badly burnt by that “Devil in the detail” We’re all guilty of overlooking the fine print of legal documents,...
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Supply Contracts and Terms of Trade
Many businesses categorise themselves as suppliers suppliers of raw products, finished goods or even services. Fewer businesses categorise themselves as receivers of goods or services. It follows that a...
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Don’t let your customer’s Purchase Order set your terms of trade
If you supply goods and services based on receipt of a written Purchase Order, make sure you understand and are comfortable with agreeing to the terms of the Purchase...
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