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| Special Collection: Deal Making and Contracting | | Print | |
| Lightbulb (Dilanchian IP blog) | ||||||
| Written by Noric Dilanchian | ||||||
| Tuesday, 02 October 2007 | ||||||
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Everyone in our firm enjoys contract negotiation and contract drafting. It helps that we have a suite of tested resources, including over 1,000 template legal documents we've prepared or refined ourselves. It also helps that we've run numerous contract drafting workshops for managers and lawyers in Australia and abroad.
Deal Making PublicationsWhat to do before calling a business lawyer | Four tasks to increase values or prices in business transactions | Data visualisation and legal knowledge management | Use design briefs to shape your projects Contracting Publications
Setting SLAs, KPIs and standards: Hints for Service Level Agreements [PDF] Drafting tips: Priceless contract law advice (MasterCard® affiliation disclaimed*)
E-commerce contracts: Shopping list for e-commerce
Business sale: Preparing for a business sale or collaboration [PDF]
Shareholders agreements: Anatomy of a Shareholders Agreement [Registered Users Only] Software and IT: Practical Rap: Drafting IT Contracts With Foresight Event management: Signed, Sealed, Delivered, I'm Yours [PDF]
Contracts with agents: The secret of selecting an agent [PDF] Improving workplaces: How to improve employment relationships [PDF] Merchandising: Seven Deadly Sins in Licensing [PDF] Television formats: Thank God You're Licensing Us! Collaborative arrangements: Preparing a business exit strategy Print publishing: Contracting with Finesse - A Lawyer's Overview for Publishers [PDF] Technology: Technology Commercialisation Legal Tools [PDF] Advertising and e-commerce: AdWords contract upheld and US click fraud cases test online advertising contracts Employment: Showing Restraint: Non-Competition Law and Former Employees Employment: What every business should know about common law employment contracts
Web ventures: Make the Web grow your business, ask us how Solutions/Services Descriptions:
Deal Making & Contracting | Intellectual Property Transactions | Human Resources (Emlpoyees/Contractors) | Enterprise Structuring
Solutions/Services Brochures:
Deal Making & Contracting Brochure | Sale & Purchase (Assets & Businesses) Brochure | Human Resources Brochure | Franchising Brochure
Call for a conversation when you need to negotiate or prepare a legally binding contract.
CASE STUDY : A seminal case in contract law. Every contract law student finds amusement in the 1893 English Court of Appeal decision Carlill v. Carbolic Smoke Ball Company. The defendant company placed an ad stating:
" £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. £1000 is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter. "
Mrs Carlill responded, bought the balls, contracted influenza and sued. She won in the first case. The company appealed.
The company argued many defences. It said the ad was pure puff and not a contractual promise, too vague to be enforced, not addressed as an offer to a specific person, not accepted by Mrs Carlill, and that there was no consideration from Mrs Carlill in return for any company promise.
The Court of Appeal rejected the company's appeal and found in favour of Mrs Carlill. And so it is that those who place ads have since been warned to either keep to pure puff (eg say "our toothpaste makes your teeth whiter than white") or obtain legal sign off for their advertising claims and representations.
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Graphic: The opening photo is of Melvil Dewey (1851-1931), inventor in the 1880s of the Dewey Decimal System. His proprietary library classification system is protected by trade mark and copyright law.
Other special collections
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This post is an updated special collection of materials on deal making and contracting. All links are to materials available in this integrated Lightbulb blog and Dilanchian website.
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