Transcript
Page 1: Don't Risk Your Business - Know when you are bound by a contract and when you are not

PROMISSORY ESTOPPEL

MISLEADING ANDDECEPTIVE CONDUCT

UNCONSCIONABLECONDUCT

A promise from one party made to another party when the party making the promise knows that the person to whom the promise is being given will rely upon that prom-ise and the person who receives the promise acts upon the promise and the person who gave the promise backs out of promise because there is no legal contract

A statutory form of action that enables a person who relies upon a representation to rely upon it whether there is a contract or not in circum-stances when they relied upon the representation and in doing so su�ered loss

A statutory and quitable remedy that a person has against another who has caused them to enter into a contract in an manner that was extremely unjust and overwhelmingly onesided

For a fast and practical check on any of your contracts

Call Etienne Lawyers1300 882 032

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DON’T RISK YOUR BUSINESSBE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT!

DON’T RISK YOUR BUSINESSBE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT!

CHECKLIST

WATCH OUT

WHO

WHATWhen are the goods/servic-es to be supplied and when are they to be paid for

HOWHow are the good/services to be supplied and paid for

CONSEQUENCESConsequences of good or poor performance

Who is supplying the goods/services and who is to pay for them

ACCEPTANCE the taking and receiving of anything with the intention of retain-ing it

BREACH OF CONTRACT when one party fails to uphold their end of the deal

CHATTEL article of personal property as distinguished from real property

CONDITION provision making the e�ect of a legal instrument contingent on the occurence of an uncer-tain future event

CONSENT act or result of coming into harmony or accord with another party

COVENANT legal term for promise

DAMAGES compensation or indemnity may be recov-ered in the courts

DEFAULT omission or failure to perform a legal or contractual duty

DUTIES all manner of taxes, charges or governmental impositions

OPTION the right to buy something for a �xed term, it may be sold, given away or transferred

REMEDY means by which a right is enforced or violation is prevented, redressed or compensated

TORT a legal wrong

WAIVER intentional or voluntary relinquishment of a known right

CONTRACTUAL TERMS

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