Understanding a breach clause in a contract

Understanding a breach clause in a contract

Most agreements have a breach clause. This clause is meant to protect a party against the other party’s failure to perform. How does it work and when can it be used? What does it mean to place a party in breach? Some contracts do not have a breach clause and failure to perform is addressed […]

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The importance of definitions in a contract

The importance of definitions in a contract

When entering into any agreement it is critical that all parties to the agreement are on the same page. However, it is possible for different parties to read the same agreement but to have various interpretations of its meaning. How do we avoid this? Definitions! Definitions are typically the part of the agreement that people […]

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Why you need a confidentiality clause

Why you need a confidentiality clause

A confidentiality clause is generally included in most commercial agreements or as a standalone agreement in the form of a nondisclosure agreement (“NDA”). The main purpose of the inclusion of the confidentiality clause is to ensure that any confidential information which is shared between parties is kept confidential. What to look out for in a […]

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Force majeure and its impact on contracts

Force majeure and its impact on contracts

A force majeure. is an act of God or man that is unforeseen and unforeseeable and out of the reasonable control of one or both of the parties to a contract, and which makes it objectively impossible for one or both of the parties to perform their obligations under the contract. As impossible as it […]

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