These provisions are seen as protecting the general public, in particular. Care needs to be taken when drafting project agreements that these constraints are understood as an agreement that seeks to go beyond the permitted limits may result in the whole agreement being void. There may also be provisions that prohibit parties from seeking indemnities from other parties against certain liabilities, particularly criminal liability. Download Page as PDF.
Are there constraints on the ability of the parties to a contact to agree compensation payments in the event of termination? This website uses cookies so that we can provide you with the best user experience possible.
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If a term would put the insured in a worse position than they would be in under the Act, the insurer must meet the transparency requirements contained in the Act. Under the general law of contract, it is permissible for parties to agree upon a sum of liquidated damages, or the method of calculation of such a sum, payable by one party to the other in the event of defined breaches of contract.
This may be useful where monetary damages may be difficult to calculate, and the parties wish to avoid the cost of dispute resolution or litigation. Such an agreement on liquidated damages must represent a genuine attempt to estimate the likely damages which may be suffered. If it is imposed by one party merely as a threat to enforce compliance, is excessive, or is specified to arise in circumstances which are vague, or may be triggered arbitrarily, then the provision may be regarded as a mere penalty and not enforced by a court.
Any restriction upon the dealing by a party to a contract or deed with third parties, including employment by a third party, directly or indirectly, whether during or after the term of a contract:.
Subject to the operation of the Competition and Consumer Act Cth and the equivalent sale of goods and fair trading legislation of the States and Territories, parties to a contract are free to limit or exclude liability for breaches of contract, or in other circumstances. The party seeking to rely on an exclusion or limitation of liability clause will, however, need to convince the court that the clause in question, properly construed, is as that party contends.
This provides for uniform rules which govern the formation and performance of contracts for the international sale of goods and sets up a framework of rules specifying the obligations of parties to them.
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