Contracts are not neutral documents. Lawyers draft them for clients, and their terms invariably favour the client of the lawyer who drafted them.
— White and Jenks. The Official Lawyer’s Handbook
Do you have commercial contract issues?
If you feel that you have commercial contract issues, download our Diagnostic and fill it out to help you determine if you have any. The Risk Doctor may be able to assist. Let him:
- identify your commercial contract risks; and
- once identified let him suggest ways the identified contract risks can be mitigated.
Small Business Unfair Contract Terms Legislation by Cyril Jankoff and Scott Alden
Attached is an article about the Federal government’s attempt to assist small business consumers who are faced with unfair contract terms when forced to take a contract on a “take it or leave it basis.” This law commences on 12 November 2016 and the article covers the key parts of the law and what big business needs to do to NOW to avoid having their contract terms being declared by a court to be “unfair” and thus be removed from the contract. The article has been summarised into a checklist.
Major Risks in Managing Commercial Contracts by Cyril Jankoff
Attached is an article that provides an insight as to major risks that can be faced when managing commercial contracts. This article identifies a wide range of key risks and suggests ways how these risks can be mitigated.
Is it a contract, if it has another name? by Adam Gamble and Mark Sallis
This article is about documents that are legally enforceable, including a Deed, Heads of Agreement, etc.
What’s in a supply agreement? by Adam Gamble and Mark Sallis
This article describes a Supply Agreement which is an agreement to buy/sell goods.
About your terms of supply by Adam Gamble and Mark Sallis
This article relates to the terms and conditions that are used in the supply of goods or services.
How to Stuff Up a Tender and How to Stuff Up a Contract by Paul Kallenbach
This article is a humourous look at how to create havoc with tenders and contracts.
Unauthorised tenant alterations by Andrew Lord
This article relates to the Tabcorp Holdings Ltd v Bowen Investments Pty Ltd 2009 High Cort of Austrlaia case. It relates to unauthorised tenant alterations and how the High Court of Australia assessed damages in the case.
Articles featured here are reproduced for education and training purposes only. If you need specific advice see an experienced commercial solicitor. Copyright for all articles featured here are held by their respective authors. The Risk Doctor thanks all of them for allowing reproduction on this web site.
- Systems and Processes to Reduce Contract Management Risks Contracts are best managed in an organised environment. This course is specifically designed to provide knowledge of how to set up governance/systems processes that will reduce risks when dealing with commercial contracts.
- Contract Lifecycle Risks Knowledge of the lifecyle of a contract will allow managers to better identify, predict and mitigate key commercial contract risks.
- Financial Risks Attention to the financial issues is common to all organisations. The finance course is specifically designed to provide knowledge on the key areas of financial risks that can affect contracts and projects.
- Legal Risks One cannot negotiate or manage a contract without knowing the key legal issues, and these do not only relate to contract law. Other key laws include negligence, intellectual property, misleading and deceptive conduct, insurance, and agency.
- Negotiation Risks One needs to negotiate to get the terms and conditions required before the contract is signed. This video relates to my negotiation course which was specifically designed to provoke thinking on the key areas of contract negotiation risks faced by individuals and their organisations.
- Origin of Contractual Disputes If a contract in law is simply an exchange of commercial promises why then are there so many expensive and bitter disputes? The answer is simple: the contracts are not negotiated and/or managed properly. One must remember that contracts are agreed in concept, but delivered in detail.