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The distinction between joint, several, joint and several liability and ...
WEBApr 30, 2020 — A key, practical difference between "joint" and "joint and several" liability is the mechanics of suing for the liability. It's generally easier to sue a single party who is jointly and severally liable, particularly where the other liable party is outside the jurisdiction. For joint and several liability, it can be more effective to pick the ...
People - Clayton Utz
WEBPeople | Clayton Utz. Your partners in success, blending deep legal knowledge with a genuine understanding of your needs. Whatever your business needs, we've got the expertise to help you succeed. Access insights that resonate with you – where current knowledge meets your ever-evolving legal and business requirements.
Insights - November 2005 - Clayton Utz
WEBAug 11, 2005 — A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract. The legal consequence of a contract ...
Public Law Essentials 02: Delegations and authorisations
WEBJun 24, 2022 — Paragraph 34AB (1) (d) recognises that a delegation under an express power of delegation, while enabling a delegate to exercise powers in their own right, does not result in the power being removed from the delegating authority. The delegating authority can still exercise the powers as necessary. Forms of delegations.
Public Law Essentials 05: Procedural fairness | Clayton Utz
WEBAug 4, 2022 — Procedural fairness in administrative decision-making relates to the fairness of the procedure by which a decision is made. A decision will be regarded as fair where it is made in accordance with statute and the requirements of natural justice. The two primary rules of natural justice are the ‘hearing rule’ and the ‘bias rule’.
Restraints of trade in the employment context 01: What do I need …
WEBMar 31, 2022 — Post-employment restraint of trade clauses are often found in business sales and employment agreements. Their core function is to seek to restrain a party from doing something. In the employment context, there are typically two main types of restraint clauses, being: Non-competition clauses, which seek …
Litigation 101: interlocutory injunctions - Clayton Utz
WEBSep 1, 2022 — Litigation 101: interlocutory injunctions. An interlocutory injunction operates until the final hearing to protect the applicant against injury for which it could not be adequately compensated in damages if the alleged infringement of its rights were to occur. Interlocutory injunctions are a powerful and important step for a litigant to ...
Your contract has expired? Watch out for these potential legal ...
WEBApr 14, 2016 — Watch out for these potential legal landmines. by Ian Bloemendal, Natalie Watson, Erica Flude. 14 Apr 2016. The key to ensuring that an expired contract isn't kept on foot is to engage in good contract management. In the commercial world there exist myriad fixed term goods and services contracts. Towards the …
Time is important, but essentially how important? Understanding …
WEBAug 25, 2023 — What you can learn from this if time is of the essence. There are several important takeaways: Ensure that you only agree to be bound by timeframes that you and any institution you rely upon to complete the contract (financial institutions, inspectors and the like) can reasonably comply with.
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