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A contract is a legally binding document that recognizes and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. A contract typically involves the exchange of goods, service, money, or promise of any of those. "Breach of contract", means that the law will have to award the injured party either the access to legal remedies such as damages or cancellation.In the Anglo-American common law, formation of a contract generally requires an offer, acceptance, consideration, and mutual intent to be bound. Each party must be those who are binding by the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed.In the civil law tradition, contract law is a branch of the law of obligations.Each country recognised by private international law has its own national system of law to govern contracts. Although systems of contract law might have similarities, they may contain significant differences. Accordingly, many contracts contain a choice of law clause and a jurisdiction clause. These provisions set the laws of the country which will govern the contract, and the country or other forum in which disputes will be resolved, respectively. Failing express agreement on such matters in the contract itself, countries have rules to determine the law governing the contract and the jurisdiction for disputes. For example, European Member States apply Article 4 of the Rome I Regulation to decide the law governing the contract, and the Brussels I Regulation to decide jurisdiction.

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  1. M

    VIC Trucking industry Giving shorter Notice period than contract.

    My husband is an owner driver in trucking industry. He has given 2 weeks notice to end the contract but the employer asks for 30 working days notice. He has sold the already and cannot work more to satisfy their notice terms. My husband doesn’t has the contract papers as the employers have taken...
  2. Dfc007

    NSW Unsigned contract

    Hello, my question is what legal process do I need to start after my landlord gave me two weeks notice to leave without any warning. I’m a farmer, who is leasing 1ha certified organic land in NSW for the past 13 months. I drafted a leasing contract and met with the landlord on 3 occasions to...
  3. Student911

    NSW Debt without contract or paperwork!

    I am an international student who got a loan from my ex girlfriend when we were in a relationship without any contract or paperwork! I have been trying to pay back little by little through instalments but it has slowed down recently due to covid and all! Now she is threatening me with getting...
  4. N

    Inclusions in Contract of Sale

    Hi, Has anyone come across a clause in the contract of sale that refers to a split of commission between two agents?? I thought this was sorted out by the primary agent after the sale. I don’t think it should have been included in the contract of sale… am I right?
  5. P

    WA Termination clause of contract - Do "Group members" include sole trader/company?

    In a supply/distributor agreement with a manufacturer the following termination clause is included - The distributor represents and warrants that neither it not any of its group members (if any) is insolvent or is deemed or presumed insolvent under any applicable law.... The agreement is...
  6. Q

    VIC Signed Employment Contract - No longer want job.

    Hi, hoping someone might be able to help. I was offered a new ongoing position which I accepted and signed an employment contract. However I no longer want the job due to a change in my circumstances. Am I obligated to start the new position? Are there any potential legal implications or...
  7. B

    SA Termination clause in supplier agreement contract

    HI, we run a uniform & workwear shop. We are in negotiations with local school to buy and sell their uniform through our shop. The uniform is custom made and embroidered with school logo and our stock holding value could exceed $150k. A contract has been drawn up by the school. We do not...
  8. B

    SA Supplier contract agreement for school uniforms

    My business has been requested to stock a new custom uniform for local school. We are responsible to buy and sell the uniform from our shop. We have done this for the school for approx 10 years with their current uniform, with no contract and no issues. The verbal agreement for new uniform...
  9. Jitters

    QLD Sellers solicitor delaying notification of contract termination

    Hello, Apologies if this post in not in the right forum, or if this has already been asked. I couldn't find the answer in the forums. How long does the sellers solicitor have to release an acknowledgement/letter/notification of termination of contract? Does the sellers solicitor have any...
  10. A

    Can this off the plan contract rescinded or compensation be received?

    Hi, Can someone please give me some advice on this? I bought an off the plan apartment back in late 2019 which is nearing its completion now. When I entered the contact the draft plan and marketing plan stated the level numbers from level 1 and up and I bought an apartment on level 5. (Thinking...