Contract Law Update: Developments of Note

21.9.11

This paper reviews judgments dealing with contract law issues relevant to commercial lawyers and business leaders. This paper also considers private international law conventions and treaties that are en route to domestic implementation, and are therefore relevant to commercial practice.

This paper looks at:

  • Unconscionability in commercial transactions;
  • Unconscionability and exculpatory clauses post-Tercon;
  • Impact of consumer protection legislation on mandatory arbitration/mediation clauses;
  • Buy/sell clauses;
  • Best efforts clauses (and their variants);
  • Equitable mistake and contract rescission;
  • Clauses affecting non-contracting related entities, privity and the corporate veil.