Contract Law Archives - SEQ Legal

If you are looking for template heads of agreement, check out these templates. What are heads of agreement? Heads of agreement, also known as heads of terms, are preliminary contractual documents that outline the basic terms and conditions of a proposed agreement. These documents serve as a foundation for more detailed and legally-binding contracts to […]

This post is for readers new to software development agreements, those who want or need to learn more. You may want or have been asked to: In each case, the information in this post will help you. After suggesting a definition of “software development agreement” and considering how these agreements might be categorised, I explore […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]