ProductsContracts and Consumer Law
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Contracts – Special Provisions
In brief Special clauses dealing with intellectual property, privacy/data protection, indemnities, insurance, force majeure and the like will be more or less relevant depending on the nature of the contract.
Contracts – Starting Point
In brief Every legally binding contract should answer 6 questions: Who, What, Where, When, How and How Much?
Due Diligence
In Brief Do at least basic due diligence before every deal, even if you know the party well. Due Diligence enables you to understand who you are really contracting with, as opposed to what their marketing information may say.
Executing Contracts – Companies
In Brief For companies, the Corporations Act (Cth) 2001 sets out several methods of execution, (see sections 126 (individuals signing on behalf of a company) and 127 (execution by company officers).
Executing Contracts – General
In Brief It is important that contracts are signed by individuals who are properly authorised to do so by their contracting entity. Failure to execute in accordance with proper authority may result in losses arising from inability to enforce the contract
Memorandum of Understanding
In Brief A non-binding agreement is usually called a Memorandum of Understanding where there will be no further agreement later, or a Heads of Agreement, Commercial Terms Sheet, or Letter of Intent where the parties intend to create a legal relationship between them later. For this Article, the whole range has the name MOU
Supplying Consumers and Small Business
In Brief The Consumer Guarantees are a set of assumptions that the Australian Consumer Law makes about the provision of goods and services to a consumer. They include guarantees by suppliers that goods and services
Unfair Contract Terms
In Brief The Australian Consumer Law regulates the use of standard form contracts with consumers and small businesses via the Unfair Contract Terms regime. A standard form contract is essentially a consumer contract or small business standard contract
Varying a Contract
In Brief A contract variation occurs when the parties agree to do something differently from that originally agreed (but the remainder of the contract remains unchanged).