Blogs

The law takes legally binding contracts seriously.

It’s difficult to escape liability for performance, even when something happens that makes it difficult, more expensive or onerous to perform.

Whether a contract has been frustrated or not can mean the difference between:

1. a claim for serious breach of contract, or
2. relief from performance of the contract.

What is Frustration of a Contract?

Frustration of contract is the general law’s method of allowing parties to be relieved of their legal obligations.

Where do you start with copyright law? What are the myths of copyright which could sting you for copyright infringement? What’s right and what’s wrong? You can spend hours searching on the internet and not be too sure what you’re reading is right. Or Wrong. Here a starter pack to get you started on what copyright can and can’t do …

Force majeure clauses in terms and conditions of contracts can be prepared to protect your business as a good first resort or a bad last resort.

Done properly, they’ll avoid damages claims where intervening events outside your control prevent, hinder or delay performance of legally binding obligations.

Guarantees and personal guarantees are important – and serious – commercial documents.

When you sign one it’s difficult to get out of it, when they’re properly done.

But then there are things that can happen outside the contract that allow can make the guarantees and personal guarantees unenforceable.

It can be a matter of knowing the sort of thing that you’re looking for.

We’re not talking about why you should have written contracts here.

We’re talking about why you shouldn’t rely on verbal contracts.

It’s a health risk to your business.

Beginning a conversation with someone with the question, “Is a verbal contract enforceable?” is not an optimal starting point.

As the saying goes, an oral contract is worth the paper it is written on. In a more fully informed world, everyone knows it.

Skeleton Arguments are documents filed with the Court and exchanged between the parties in advance of a court hearing.

They summarise what you will say to the judge at the hearing.

It’s a broad outline of what you’re going to say to the judge at a hearing.

It’s not meant to contain everything that you might say to the judge. If you make it too long, the judge might not read it at all.

But there’s more to it. Much more.