Category Archives: Making sense of contracts

Mythbuster: ‘Entire agreement’ clauses lock out misrepresentation claims

People are often confused about the effect of clauses that say ‘You acknowledge that we have made no other promises or representations to you.’ Often you see such clauses quoted in support of an argument that a claim for misrepresentation … Continue reading

Posted in ACCC, Australian Consumer Law, Competition and Consumer Act, Making sense of contracts, Mythbusters, Trade Practices Act | Tagged , , | Leave a comment

SFoA backgrounder released

Many CSPs are already using a ’Standard Form of Agreement’ but many others don’t … and don’t know what it’s all about. To demystify the topic, here’s a dowloadable SFoA backgrounder that overviews what they are and why they can improve CSP business … Continue reading

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ACCC explains warranty laws … again

For some reason, many businesses just can’t get their minds around Australia’s warranty laws.  ACCC has issued a new booklet explaining how it works, again.  The subject has been addressed any number of times by the Commission in the past.  … Continue reading

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Test yourself: Who is a Consumer and what is a Consumer Contract ?

One of our recent posts raised an interesting question which many ISPs and telcos seem to overlook; Who is a ‘Consumer’ under the CommsAlliance Telecommunications Consumer Protections Code 628:2007 (the “TCP Code”) ?  The answer has some pretty serious consequences. … Continue reading

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How not to be an accidental insurer

Quiz question:  Liability caps for contribution to third party claims are- (a)   hardly understood by anybody (b)  extremely important in contracts (c)   a fast way to accidentally turn your company into an insurance business (d)  very expensive if you get … Continue reading

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NDAs … Worth the paper they’re written on ?

An ISP asked us this week whether the pile of non-disclosure agreements they have signed have any value to anyone. The answer is ‘yes’ if you understand what an NDA can and can’t achieve.  Peter Moon explains …

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‘Indirect loss excluded’ doesn’t equal ‘no loss of income claims allowed’

Scenario: Your standard contract says you aren’t liable for ‘indirect or consequential loss’. Does that guarantee a business customer can’t sue you for loss of revenue if things go wrong? No, it doesn’t. You might still be responsible for loss … Continue reading

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