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Contract law is the cornerstone of commerce and trade. Contracts are legally binding agreements which establish the rights and duties of parties to an agreement.  They require certain elements for formation being offer, agreement and consideration-that is something of value in which the contract concerns.  Contracts are entered into for a myriad of reasons such as employment, suppliers, distributors, rent/lease, purchase of assets, licensing and franchise agreements.  A Commercial Lawyer will be capable of review and drafting relevant contracts whilst providing thorough advice in this regard.

Contract law is based on objective theory, which means that the subjective intentions and thoughts of the parties to a contract are preceded by the objective assessment of the contract.  This means that objective consideration and assessment by an impartial and reasonable person. An intention to contract is a necessary element in the formation of every contract. Generally, an objective approach is taken to, whether a person intended to contract, so that the relevant question is whether a reasonable person in the position of the other person would consider that they first intended to contract. However, a person who does not believe that the other intended to contract cannot claim to have entered into a contract with that person. Consultation with an experienced Commercial Lawyer can assist you in ensuring that you draft a contract which is complete, thorough and accurately states the rights, duties and obligations of each party.

In business agreements and contracts there is a presumption that there is equal bargaining power between the parties, and that both have the ability to seek legal agreement.  Execution of any contract exerts the rebuttable presumption that they intend to be bound. There is an extensive area of consumer protection laws that have been enacted over time to allay the position that consumers are in, often lacking the knowledge and awareness of contracts and the legal terminology used in them. This framework of consumer protection ensures that consumers have adequate protection against misleading, deceptive, predatory business practices and that a certain level of consumer guarantee is afforded to all consumers. Legal advice from a Commercial Lawyer may be required in order to ascertain your true legal position and your contractual rights and obligations can be immensely useful in this respect.

Contract law is sophisticated, expansive and draws many concepts and influences from history and common law. You may need legal advice regarding the actual terms of the agreement, the parties, performance and breach, termination, frustration or contract, dispute resolution and remedies available. Due to the complexity and sophistication required of different contracts to achieve specific needs, it may be beneficial to retain a Commercial Solicitor who may be able to consider your factual matrix and advics you of all appropriate issues and considerations.

If you need further legal advice on your contractual matter, you may book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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