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Commercial Contracts

UNFAIR DAMAGE AND DESTRUCTION CLAUSES IN COMMERCIAL LEASES

Don’t get ambushed by the small print in Landlord leases of commercial premises. Although you may consider the risk of your premises being damaged or destroyed to be remote, the…

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Penalties In Commercial Contracts

The High Court decision in July 2016 in the case of ANZ Bank and Paciocco was a class action challenging the “late payment fee” charged by ANZ to its card…

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Termination for Convenience Clauses

“Termination for Convenience” clauses allow a contracting party to walk away from their contractual commitment for “convenience”. These provisions are commonly used in subcontracts – typically construction, engineering, road works…

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Damages for Breach of Contract

The risk of damages for a breach of contract and the scale of such damages should not be ignored or underestimated. Where a “penalty” or “liquidated damages” clause is included…

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The Question of Good Faith in Commercial Contract Negotiations

You would be forgiven for thinking that the requirement to act in “good faith” in negotiating or carrying out a Commercial Contract is obvious. However, this question is riddled with…

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