You may enter into business arrangements with other people without a written agreement. Usually, this is because of the relationship you already have with the other person, such as a family member or close friend. Unfortunately, it means that if…
A breach of a contract will likely result in a loss for one or all parties to the contract. The loss in a contract which both parties reasonably foresee at the time they enter into the contract is called consequential…
Many consumers know the Australian Consumer Law (ACL) protects them. However, your customers are often unsure what remedies might become available if you breach one of the consumer guarantees. Both businesses and consumers must understand how the ACL applies in…
We all know one or two Latin phrases. Carpe Diem – Seize the day, and Caesar’s immortal proclamation to the Roman Senate after his conquest of Pharnace – Veni Vidi Vici (I came, I saw, I conquered). Less familiar to…
For a publisher, one of the biggest concerns is what happens if a writer breaches a publishing contract? There are various scenarios in which this can happen, but perhaps the most concerning for publishers is when the writer lies in the…
In a recent application for leave to appeal to the High Court of Australia, the issue of when the doctrine of promissory estoppel will be applied was left open for reinterpretation by our highest Court. Here, during negotiation over a…
If you enter into a contract with another party, and they do not undertake part of the agreement, then they may be in breach of the contract. If you suffer indirect or direct losses as a result of their actions,…
We earlier asked who owns the copyright in downloaded or uploaded photos. Below, we turn our attention to how the court assesses damages for copyright infringement under the Copyright Act 1968 (the Act). What are the Remedies Under the Copyright Act? The…
Every day, we see beautiful images. The internet’s accessibility and our smartphones enable us to share our photographs and view, copy and download others. Downloaded photos from the internet can, however, present a problem when people are unaware or forget that…
If you compose a piece of music, paint a portrait or write the code for a software program, it is likely that you are the owner of a type of intellectual property called copyright. As the copyright owner, you have…
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