Contract Law Archives | SEQ Legal

Notes on the legal status of website terms and conditions

18 Jun 2019
Posted in Contract Law, Internet Law

Sometimes, there will be a contractual relationship between a website operator and a website user; other times, there will not. Where there is no contractual relationship, legal notices can still have legal effects. For instance, licences of intellectual property rights and disclaimers of liability may be legally effective where there is no contract. Moreover, statutory […]

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Is this document 100 per cent legal?

22 Dec 2018
Posted in Contract Law, Data Protection Law

Clients who are new to legal documentation and may be unfamiliar with the operation of commercial law will sometimes tell me that they want a document that is “100 per cent legal” or similar. However, it is usually not possible to guarantee absolute legality and it may not be even be desirable. It all depends […]

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How I approach cloud contracts negotiations

01 Jul 2018
Posted in Contract Law

I’ve been negotiating the legal aspects cloud service contracts for over 15 years. In most negotiations, I represent an SME vendor selling to a corporate customer. In this post, I highlight the principles that inform my approach these negotiations. There won’t be much here of interest to experienced negotiators, but if you are new to […]

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SaaS reseller agreements revisited

14 Jul 2015
Posted in Contract Law, Information Technology Law

Back in October 2012 I wrote this post on the different relationship models that may be used in software-as-a-service (SaaS) channel partner agreements. To my surprise, the post provoked quite some interest. Since 2012, I’ve drafted and negotiated many more such agreements. Nonetheless, I still find that SaaS reseller agreements can be tricky; and if […]

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10 key facts about English contract law

02 Apr 2013
Posted in Contract Law

In this article James Normington of New Park Court Chambers explains some of the key points of English contract law. Every businessman and women should be familiar with these concepts. Contracts occur in every business. It might be as simple as the agreement with the milkman to deliver the milk and your obligation to pay […]

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7 deadly sins of contract drafting

14 Aug 2012
Posted in Contract Law

Every contract lawyer has his or her drafting bugbears and hobby-horses, problems that they look for – and frustratingly find – time and time again in other lawyers’ contracts. This is my list. Not all of these sins are really deadly. Some are merely embarrassing. Some I commit myself, sometimes deliberately. Others, however, carry real […]

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Contract contraction: is short the new long?

02 Aug 2012
Posted in Contract Law

In the early part of my legal career, most of the clients I worked for were lawyers or legally trained, and a 50 or 500 page contract was nothing special to them.  Most of SEQ Legal’s clients aren’t lawyers, and I’m sometimes asked about the size of legal documents.  Do they really need to be […]

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Non est factum in the 21st Century

28 Jun 2012
Posted in Contract Law

Pottering around in some of the dustier corners of the law of contract this morning, I happened on the doctrine of non est factum (“it is not my deed”), a species of mistake I haven’t given any thought to since law school. The doctrine was developed by the English courts to protect those who signed […]

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Contracting with children under website T&Cs

07 Jun 2012
Posted in Contract Law

Many websites are aimed at children, and many that aren’t aimed at children are used by them.  Although not all website operators seek to enter into contractual relationships with users, many do; and there lies a problem.  The general rule of English law is that individuals under 18 years of age – minors in the […]

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Software development agreements: a checklist

16 May 2012
Posted in Contract Law, Information Technology Law

This checklist is designed to help those new to software development agreements ensure that they have considered the principal issues that a typical agreement should cover.  It also provides a little guidance as to the different approaches to some of the issues. I have categorised each issue under one of these headings: the software design […]

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