Resources

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:

  1. identify your commercial contract risks; and
  2. once identified let him suggest ways the identified contract risks can be mitigated.

Articles

List of Scott Alden and Cyril Jankoff jointly written articles
The link will take you to the following articles written jointly by Cyril Jankoff and Scott Alden:

  1. Winning the “Battle of the Forms” (August 2016)
  2. Small Business Unfair Contract Terms (September 2016)
  3. Remedies for Commercial Liability September 2016
  4. Problematic Contract Issues: 1. Frustration and Force Majeure  (Dealing with the unknown in contracts – Frustration and Force Majeure) (June 2017)
  5. Problematic Contract Issues: 2. Insurance (June 2017)
  6. Problematic Contract Issues: 3. Limitation, Exclusion and Indemnity clauses (In progress)
  7. Problematic Contract Issues: 4. Intellectual Property (In progress)
  8. Problematic Contract Issues: 5. Entire Agreement Clauses (In progress)
  9. Problematic Contract Issues: 6. Good Faith (In progress)

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 Court of Australia case. It relates to unauthorised tenant alterations and how the High Court of Australia assessed damages in the case.

Videos

  • 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.

Disclaimer
The information provided in this website, including the articles and videos, is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information provided is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.