Whether or not a foreign contract is enforceable depends on a number of different factors. A foreign contract, where one party buys or sells goods…
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Carve-outs to a limitation of liability clause can lead to a limitation of liability clause being ineffective. It is important to understand the impact of…
In this article, we explain how to make a variation claim and what you should look out for. You’ll hear from a commercial contract lawyer…
Setting off, offset and netting all refer to the legal mechanism of applying one outstanding amount against another. The net amount (if any) is then…
A contract can be terminated in several ways. For example, in accordance with the termination clause or by relying on legal principles under Common Law….
Software Licence Agreements are unique types of contracts with clauses and commercial terms that address the use of software that is not owned by the…
Public liability insurance protects businesses against liability owed to the public (being a ‘third party’). That liability can include things such as loss arising from…
In Australia, it is important for any business that wants to create, develop, licence or sell intellectual property to ensure that they have an intellectual…
What is repudiation and what does it mean to repudiate a contract? In this article, we explain what it means to repudiate a contract, how…
Consequential loss is loss that is not a direct or foreseeable result of the harm suffered. Consequential loss can be distinguished from direct and foreseeable…