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  • Category: 18. Administering the Agreement

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18.7 Governing Law

Background It is important to distinguish between the country’s substantive law that will apply to a contract (the governing law) ...

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18.7 Governing Law

18.6 Severability

Severability Sample drafting Most contract templates include a contractual provision that aims to “sever” any unenforceable or illegal contractual provision, ...

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18.6 Severability

18.5 Waivers

Background It is possible to waive or “forgive” a breach of the contract, which has the effect of restricting the ...

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18.5 Waivers

18.4 Privity

Background The default rule of contract law is that a contract may only be enforced by its parties. However, section ...

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18.4 Privity

18.3 Assignment and Novation

Background Assignments can only be understood by remembering that contractual rights and contractual obligations are distinct (although closely linked). If ...

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18.3 Assignment and Novation

18.2 Contract Variations

Contracts, particularly longer term contracts, often need to be varied to address changing circumstances. Background A party to a contract ...

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18.2 Contract Variations

18.1 Notices

Notice clauses are perhaps one of the most overlooked clauses in a contract – usually buried as “boilerplate”, and frequently ...

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18.1 Notices
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