How to write an “Arbitration Clause”

  Arbitration   An arbitration clause is a provision commonly included in contracts to address the resolution of disputes between parties. It stipulates that any disagreements or conflicts arising from the contract will be resolved through arbitration rather than traditional litigation in court. Arbitration is an alternative dispute resolution method where the parties involved present […]

How to write a “Dispute Resolution clause”

  Dispute Resolution   A Dispute Resolution clause is a provision commonly included in contracts to address the process of resolving conflicts between the parties involved. This clause outlines the methods and procedures that will be followed in the event of a dispute, aiming to provide a clear and agreed-upon path for resolution. One common […]

How to Write a “Termination Clause”

    The Termination   A termination clause is a provision in a legal contract that outlines the conditions and procedures for ending the agreement prematurely. It specifies the circumstances under which one or both parties can terminate the contract, regardless of the remaining time stated in the agreement. The clause provides a level of […]

How to write a “Force Majeure clause”

  Force Majeure   In legal terms, the Force Majeure clause is a provision commonly included in commercial contracts to address unforeseen events or circumstances that are beyond the control of the parties involved. The phrase “force majeure” itself translates to “greater force” or “superior force” in French. The purpose of this clause is to […]

Criminal Law & Practice

    Notes on Criminal Law & Practice       Elements of Criminal Offense Law Actus Reus Mens Rea Definition The physical act or conduct that constitutes the crime The mental state or intention of the offender when committing the crime Importance Actus reus must be present for a crime to occur Mens rea […]

How to write a ” Confidentiality Clause “

    Confidentiality    A confidentiality clause, also known as a non-disclosure agreement (NDA) or confidentiality agreement, is a legal provision included in contracts to protect sensitive and confidential information shared between parties involved in a business transaction. Its purpose is to ensure that the information remains confidential and is not disclosed to third parties […]

INDEMNITY AND DAMAGES: PROTECTING YOUR BUSINESS AND RECOVERING LOSSES

INDEMNITY AND DAMAGES   When one party is in breach of contract or fails to perform its obligation, what are the rights of the parties? How to deal with the possibility of breach or the potential losses in your contract? What the differences between indemnity and liquidated damages clauses? And how to draft them in […]