Commercial Lawyer Albany, Esperance & The Great Southern Region

Springdale Legal are experienced in all areas of commercial law, and being local we are experienced and knowledgable in what you need.
Your initial consultation is free of charge, and for your peace of mind, we provide fixed-price services so that you know in advance what the costs for you will be.
Please see below further information around the commercial law services we can provide for you.

Contracts may often appear simple, but loopholes and simple wording can have considerable commercial consequences. Likewise, if you desire to be released from a contract, options abound. Leases (particularly commercial leases) are a form of contract to which special provisions apply.

Business Planning is another crucial area, including Non-Disclosure Agreements, Non-Compete Agreements, and Service Agreements.
Legal Information Sheet – Elements of Contract

  1. Offer
    There must be a definite, clearly stated offer to do something.
    For example, a quotation by a subcontractor to the main contractor and an offer to lease. An offer does not include ballpark estimates, requests for proposals, expressions of interest, or letters of intent.

    • An offer will lapse:
    • when the time for acceptance expires;
    • if the offer is withdrawn before it is accepted; or
    • after a reasonable time in the circumstances (generally, the greater the value of the contract, the longer the life of the offer).
  2. Acceptance
    Only what is offered can be accepted. This means that the offer must be accepted exactly as offered without conditions.
    If any new terms are suggested this is regarded as a counter offer which can be accepted or rejected. There can be many offers and counter-offers before there is an agreement.
    It is not important who makes the final offer, it is the acceptance of that offer that brings the negotiations to an end by establishing the terms and conditions of the contract.
    Acceptance can be given verbally, in writing, or inferred by action which clearly indicates acceptance (performance of the contract). In any case, the acceptance must conform with the method prescribed by the offerer for it to be effective.
  3. Intention of legal consequences
    A contract requires that the parties intend to enter into a legally binding agreement. That is, the parties entering into the contract must intend to create legal relations and must understand that the agreement can be enforced by law. The intention to create legal relations is presumed, so the contract doesn’t have to expressly state that you understand and intend legal consequences to follow. If the parties to a contract decide not to be legally bound, this must be clearly stated in the contract for it not to be legally enforceable.
  4. Consideration
    In order for a contract to be binding, it must be supported by valuable consideration. That is to say, one party promises to do something in return for a promise from the other party to provide a benefit of value (the consideration).
    Consideration is what each party gives to the other as the agreed price for the other’s promises. Usually, the consideration is the payment of money but it need not be; it can be anything of value including the promise not to do something, or to refrain from exercising some right.
    The payment doesn’t need to be a fair payment. The courts will not intervene where one party has made a hard bargain unless fraud, duress or unconscionable conduct is involved.

Although commercial contracts may often appear straightforward if the wording of the contract is not fully understood considerable commercial consequences can apply. We have much experience?with contracts and are able to help you. Likewise,?if you require being released from a contract, there are many options available, and we can advise you on the best solution for your individual needs.

Below are a few of the other commercial areas of law which we are able to help you with:

Leases (particularly commercial leases) are a form of contract to which special provisions apply.

Business Planning is another crucial area, including Non-Disclosure Agreements, Non-Compete Agreements, and Service Agreements.

Another area in which we practise?is trusts.?Properly drafted trusts can provide crucial asset protection, tax minimisation, and provision for family and friends, both during your life and after.

Please contact us if you have any questions about how we can help you with your commercial legal matters. Call us on?0459 467 796 or send us an email by using the contact form on this page

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At Springdale Legal, we are here to help with your legal matters and we look forward to hearing from you soon.