A good understanding of contract law is essential for every business and organisation wanting to deal effectively and safely with others. In simple terms, a contract is an agreement that the parties intend to be enforceable by law. But there are many potential pitfalls. Is the contract you are considering entering into enforceable? How do you resolve misunderstandings? Are there any hidden traps?
Once you have entered into a contract, you have an obligation to do what you have agreed to do. If you don’t, you or the organisation you work for can be sued for non-performance of your obligations.
The key terms of a contract offer must be clearly set out so that once a person accepts the offer, there is no requirement for further negotiation. Key terms include:
A court will not enforce an “agreement to agree”. However, parties can agree that certain matters relating to the contract are to be determined at a future date, provided there is some “formula or machinery” that makes those matters certain.
Advertisements for goods and services for sale are not usually contract offers. However, goods advertised for sale on Trade Me with a "buy now" price would most likely be an offer.
Advertisers may make their intention clear by using such words as:
Where goods and services are being promoted on a website, terms and conditions should be readily available on the website.
Our contract law guide sets out the practical essentials and summarises basic contract law principles including:
Available on subscription, the guide provides:
FAQ. What happens if I send an email accepting most, but not all, of the terms proposed by the person making an offer?
You are not accepting the offer completely, so there is no contract. You are making a counter-offer. If that is accepted by the other party completely and unconditionally, a contract is formed. A counter-offer terminates the original offer, so you can't later change your mind and accept the original offer.
Businesses must avoid unfair contract terms in standard form consumer contracts. For example, early termination fees may be unfair if a business is recovering more than it needs to recover to protect its legitimate business interests. The fairness of early termination fees will depend on the size of the fee, the way it is calculated and the business model of the business concerned. What businesses may not do is charge a fee so high it amounts to a penalty for cancelling early.
With Dacreed's online compliance training you can train managers and staff on their compliance obligations to help protect you and your business from prosecution. Once complete, the training also enables you to demonstrate a lower risk profile to insurers. This results in lower premiums – saving you and your business money.
The Contract and Commercial Law Act 2017 consolidates a number of key commercial statutes including:
These previously distinct laws can now be found in a single piece of legislation in an up-to-date and accessible form.