Australian contract law is based on legislatively modified English common law, rather than a civil code. The basic principle is freedom of contract, in which parties free to bargain as they choose within legislated parameters.
While parties have a general freedom to choose the terms, format and content of their bargain, the following should be noted:
- Contracts do not have to be evidenced in writing save for certain types of transactions such as dealings involving interests in land
- Contracts can be written, created by conduct, implied from circumstances, arise by operation of legislation, orally created or a combination of the preceding modes of creation
- Contract operation and enforcement is generally facilitated by having a document signed by all parties evidencing the bargain.
What is a contract?
Contracts are basically legally binding documents that set out the terms and conditions of an agreement. The majority of cases will most likely require all parties involved to sign contracts. Contracts have a great deal of stating a party’s responsibility and duty in an agreement.
Anyone can draft a contract, but we have seen many vague contracts that lack not only certainty, but the legal intention required to be an effective and evenly weighted contract.
At Castrikum Adams Legal, we are often called upon to interpret ‘home made’ contracts when a dispute arises. For these reasons, it’s usually always best to have a lawyer to properly draft a contract.
For instance, conveyancing will involve a buyer and seller entering into an agreement about a property’s sale. Buying or selling a home/property will involve a lot of legal documents and inspections.
Parties signing a contract must act of their own free will and not under due influence.
Whether they’re simple or complex contracts, Castrikum Adams Legal will ensure that all the best terms and conditions are included to give proper effect to the parties’ rights and obligations.
What we can do for you
At Castrikum Adams Legal, we are well aware of a contract’s terms and conditions.
We will perform legal research taking in case law and legislation that may apply to your particular contract.
We will provide you with advice on what information to include and exclude in a contract. On a larger scale, we can advise executives on what steps to take to ensure compliance with contracts.
Breach of contract
Most relationships start off well and it’s easy to think that nothing will go wrong. But then the cracks start to appear. For example, you haven’t been paid, you were promised something but didn’t receive it, or you simple don’t like each other anymore.
When agreements fail, the first to do is look at the terms of the agreement. Written agreements make it easier to understand the rights and obligations of each party so it’s always advisable to make your agreement in writing. After all, the faintest ink is better than the strongest memory.
No matter the agreement, Castrikum Adams Legal will take the time to understand exactly how it was meant to be, and exactly what happened before the cracks started to appear.
When a contract is breached, damages may follow. We can help you whether you’re a claimant or a defendant.
At Castrikum Adams Legal, we understand strategies, tactics, costs, and risks. We can assist if a party breaches a contract. However, not all contract disputes should escalate to a Court or a Tribunal. We will always encourage parties to come to a peaceful agreement through proper negotiations.
There are varied contracts that individuals, businesses, and companies can enter into.
At Castrikum Adams Legal, we provide advice on, and can draft the following contracts:
- Contracts for sale of land
- Option agreements
- Contracts for sale of business
- Commercial, industrial and retail leases
- Nondisclosure agreements
- Partnership agreements
- Shareholders agreement
- Unitholders agreements
- Joint venture agreements
- General agreements
- Bespoke agreements