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Why do I need to sign an NDA with my business partners?

Entrepreneurs may wonder whether they should sign a non-disclosure agreement with their co-founders. After all, they’re on the path to a common goal and wouldn’t want to jeopardize the...

Can an entire agreement clause preclude a party from having to uphold general or implied duties of contract law?

ENTIRE AGREEMENT CLAUSE DOES NOT PRECLUDE IMPLIED CONTRACTUAL DUTIES Bhasin v. Hrynew [2014] 3 SCR 494, 2014 SCC 71 (CanLII) The Supreme Court of Canada held that parties are not free to exclude...

How to Properly Sign a Contract – e-Signatures

Except for few specific circumstances, it is almost considered ancient to have parties to a contract physically meet up to a sign a contract in a boardroom. With the fast-paced lifestyles ...

What should I look for in a commercial lease?

While most commercial leases are standard, you should still be careful about what you sign. The fine print matters, and every clause is important! For example, you may find yourself locked i...

What legal agreements should be signed before giving a project to a software developer?

You had a brilliant idea, set up your company, and now it’s finally time to make your dreams a reality and bring your product to life! When hiring a developer to help build your softwa...

What Makes a Contract Enforceable?

It’s your average Saturday night in the big city. A woman meets a man at a bar. He offers to buy her a drink. She happily accepts and they exchange phone numbers. The next morning, the woman receive...

Breitbart vs. Kellogg’s: When business gets politicized, terms get forgotten

Breakfast is the most important meal of the day, but you’ve probably never heard of your morning bowl of cereal “serving up bigotry at your breakfast table.” That’s what conservative news sour...

Knowledge is treated differently than action for public policy

Generally, the courts have stated that they will not lend their aid to a person whose claim is based upon an immoral or illegal act. However, the courts may lend aid to a person whose contract has so...

Contracts contrary to personal interests can be voided

Contracts contrary to personal interests may be found to be contrary to public policy, and voided by the court. For example, in an American case called. In the Matter of Baby M [1988 NJ SC], a woma...

Contracts contrary to public policy from a statue

Ensure that you have understood all the rules, regulations, statues, and law that apply to your business before entering into any contracts. Hire counsel if necessary. Historically, courts have refus...

Mineral rights may not come along with a land purchase transaction

When entering into an agreement, ensure that your understanding of the agreement is in line with the understanding that a reasonable person would have. If there is a mistake of terms in an agreement,...

No contract without a meeting of the minds

A contract only exists with consensus ad idem, a common understanding between parties during the formation of the contract. This condition is a necessary requirement to the formation of a contract. I...

Agents and employees, watch out! It’s all in the hands of the principal…

When drafting a limitation of liability clause, ensure that all persons who may be covered by the liability exemption clause are included and specify the degree of coverage. Courts have stated that...

Get your name on the contract!

Ensure that all people who may want to sue or enforce rights under a contract are listed as parties to the contract. This is an important precaution to take as courts have enforced the rule of privit...

"Unfair" agreements may be rejected by the court

Obtain independent legal advice to ensure that you are not entering into an unconscionable transaction/agreement. Generally, when a signer signs a contract, they are bound by it. However, courts ha...

Arbitration: How to Prepare for War – Legal War That Is

Going to court or going to war? For most people, the two words refer to the same thing when it comes to legal disputes. To avoid ‘going to war’, dispute resolution methods such as arbitration are ...

Why Hire a Lawyer When I Can Download an Free NDA Draft from the Internet?

“You get what you pay for” is a common expression, but when it comes to downloading free contracts from the internet, the chances are good that a ‘free’ do-it-yourself contract could turn out ...

The New Age Articling Student – Using Legal Technology to Learn and Draft More Efficiently

“How has legal technology affected you?” This is the third perspective in a three part series.   A few days into my articling term I received my first contract to draft - a commercial l...

Started from The Bottom: An Articling Student’s Legal Drafting Experience using a Document Comparison Tool

“How has legal technology affected you?” This is the second perspective in a three part series.   In law school, my contract law course taught me all about the basic requirements that m...

1982 – Legal Technology Compared to Document Drafting with Typewriters… Memories of a Techno-dino…

“How has legal technology affected you?” This is the first perspective in a three part series. 1982 - some of you were not born yet in the year I began my legal career as an Assistant Professor...

Legal Tips and Tricks: A Term Sheet Should Start with a Blank Page

When entering into an important contract, take the time to discuss with your business partners, advisors and legal counsel, to make sure that you are clear about your opportunities and risks.  In thi...
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