IS YOUR FM CONTRACT VALID? · IS YOUR FM CONTRACT VALID? Jon Uidam, Corporate Lawyer LLB. LLM. AdvDipEng. News Corp Australia DISCLAIMER Presented by: Jon Uidam, Corporate Lawyer

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IS YOUR FM CONTRACT VALID?Jon Uidam, Corporate Lawyer LLB. LLM. AdvDipEng.News Corp Australia

DISCLAIMER

Presented by: Jon Uidam, Corporate Lawyer LLB. LLM. AdvDipEng.

1. This presentation does not represent or constitute legal advice of any kind. 2. Information in this presentation may not represent or disclose current law.3. You should consult with your own legal counsel about any information in this presentation. 4. We are not responsible for anything you read or read into this presentation or any foreseeable or

unforeseeable consequences of actions you might take consequential to the contents of this presentation.

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As FM people, we negotiate and handle contracts for services every day. But how do we know that those contracts are valid and legally enforceable? We’ll examine those question in this session.

• The Foundation of Contracts• What is a Contract and why have a Contract ?• What is needed to make up a contract ?• Who can enter into contract ?• What are Express Terms and Special Conditions ?• Exclusion Clauses and Penalty Clauses• Limit of liability clauses• Frustration of Contract- when and how?• Terminating a contract• Commercial Leases

In this session we’ll look at:


1.OFFER2.ACCEPTANCE3.CONSIDERATION4.INTENTION5.CAPACITY6.CERTAINTY


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[1] When is an offer, really an offer?

[2] What about counter-offers? Can I counter a counter-offer?

[3] When is an offer automatically accepted

[4] When can you terminate an offer?


[1] When is an offer accepted?

[2] How can I accept it?

[3] Can I agree to agree to do something later?


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[1] What constitutes “Consideration”?

[2] What are the rules of Consideration ?


[1] Did parties intend to be immediately bound?

[2] Contracts with individuals

[3] Contracts with Corporations


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[1] Do the parties have capacity to enter into contract?

[2] Who can’t enter into contract?


[1] What if the contract is uncertain?

[2] If some of the contract is unenforceable or void, is the restof the contract also unenforceable or void?


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[1] Formalities of a Contract(a) Verbal contracts – Valid of Not?(b) Written contracts(c) Electronic Contracts (e.g Click-thru contracts)(d) To sign or not to sign?

[2] Privity of Contract(a) The ‘Who can we sue’ rule?(b) Exceptions to the Privity Rule


[3] Express Terms and Special Conditions(a) Warranties Vs Conditions(b) Statements during negotiations(c) Exclusion Clauses

[4] Penalty Clauses(a) When are they valid(b) Effect of including a Penalty Clause

[5] Definitions(a) What do certain terms used actually mean


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[1] Ways to terminate

[2] Effect of termination

[3] Releases


q Quick overview of Key Termsq Bank Guarantees and Security- important or notq Insuranceq Occupation prior to Lease Commencementq Landlord’s right of entryq End of Term – Option to renew, Terminate or Holding Overq Makegood and hand-back – Leave it, Do it, Negotiate ‘walk-away’q Deed of Release


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IS YOUR FM CONTRACT VALID? · IS YOUR FM CONTRACT VALID? Jon Uidam, Corporate Lawyer LLB. LLM. AdvDipEng. News Corp Australia DISCLAIMER Presented by: Jon Uidam, Corporate Lawyer