don't risk your business - know when you are bound by a contract and when you are not

1
PROMISSORY ESTOPPEL MISLEADING AND DECEPTIVE CONDUCT UNCONSCIONABLE CONDUCT A promise from one party made to another party when the party making the promise knows that the person to whom the promise is being given will rely upon that prom- ise and the person who receives the promise acts upon the promise and the person who gave the promise backs out of promise because there is no legal contract A statutory form of action that enables a person who relies upon a representation to rely upon it whether there is a contract or not in circum- stances when they relied upon the representation and in doing so suffered loss A statutory and quitable remedy that a person has against another who has caused them to enter into a contract in an manner that was extremely unjust and overwhelmingly onesided For a fast and practical check on any of your contracts Call Etienne Lawyers 1300 882 032 etienne LAWYERS in association with Davis King & Co www.etiennelaw.com DON’T RISK YOUR BUSINESS BE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT! DON’T RISK YOUR BUSINESS BE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT! CHECKLIST WATCH OUT WHO WHAT When are the goods/servic- es to be supplied and when are they to be paid for HOW How are the good/services to be supplied and paid for CONSEQUENCES Consequences of good or poor performance Who is supplying the goods/services and who is to pay for them ACCEPTANCE the taking and receiving of anything with the intention of retain- ing it BREACH OF CONTRACT when one party fails to uphold their end of the deal CHATTEL article of personal property as distinguished from real property CONDITION provision making the effect of a legal instrument contingent on the occurence of an uncer- tain future event CONSENT act or result of coming into harmony or accord with another party COVENANT legal term for promise DAMAGES compensation or indemnity may be recov- ered in the courts DEFAULT omission or failure to perform a legal or contractual duty DUTIES all manner of taxes, charges or governmental impositions OPTION the right to buy something for a fixed term, it may be sold, given away or transferred REMEDY means by which a right is enforced or violation is prevented, redressed or compensated TORT a legal wrong WAIVER intentional or voluntary relinquishment of a known right CONTRACTUAL TERMS

Upload: etienne-lawyers

Post on 08-May-2015

113 views

Category:

Law


0 download

DESCRIPTION

How well do you know your contracts? Did you know that a contract is a checklist? Do you know what to watch out for when negotiating this checklist? Do you really know what all the legal terms actually mean? No?......Don't put yourself and your business at risk.

TRANSCRIPT

Page 1: Don't Risk Your Business - Know when you are bound by a contract and when you are not

PROMISSORY ESTOPPEL

MISLEADING ANDDECEPTIVE CONDUCT

UNCONSCIONABLECONDUCT

A promise from one party made to another party when the party making the promise knows that the person to whom the promise is being given will rely upon that prom-ise and the person who receives the promise acts upon the promise and the person who gave the promise backs out of promise because there is no legal contract

A statutory form of action that enables a person who relies upon a representation to rely upon it whether there is a contract or not in circum-stances when they relied upon the representation and in doing so su�ered loss

A statutory and quitable remedy that a person has against another who has caused them to enter into a contract in an manner that was extremely unjust and overwhelmingly onesided

For a fast and practical check on any of your contracts

Call Etienne Lawyers1300 882 032

etienneLAWYERS

in association with Davis King & Cowww.etiennelaw.com

DON’T RISK YOUR BUSINESSBE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT!

DON’T RISK YOUR BUSINESSBE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT!

CHECKLIST

WATCH OUT

WHO

WHATWhen are the goods/servic-es to be supplied and when are they to be paid for

HOWHow are the good/services to be supplied and paid for

CONSEQUENCESConsequences of good or poor performance

Who is supplying the goods/services and who is to pay for them

ACCEPTANCE the taking and receiving of anything with the intention of retain-ing it

BREACH OF CONTRACT when one party fails to uphold their end of the deal

CHATTEL article of personal property as distinguished from real property

CONDITION provision making the e�ect of a legal instrument contingent on the occurence of an uncer-tain future event

CONSENT act or result of coming into harmony or accord with another party

COVENANT legal term for promise

DAMAGES compensation or indemnity may be recov-ered in the courts

DEFAULT omission or failure to perform a legal or contractual duty

DUTIES all manner of taxes, charges or governmental impositions

OPTION the right to buy something for a �xed term, it may be sold, given away or transferred

REMEDY means by which a right is enforced or violation is prevented, redressed or compensated

TORT a legal wrong

WAIVER intentional or voluntary relinquishment of a known right

CONTRACTUAL TERMS