Contract Law Flashcards
What are the required elements of a contract?
- Intention
- Consideration
- Offer/Acceptance
What are the Remedies for a Breach of a Contract?
Terminate Contract Damages Special Performances Injunction A claim for payment of the contract
What ways can an artistic work be commercialised?
Assignment, Liscensing, Partnership, Joint Ventures, Equity holdings, Distributor agreements
What are the pre-contract negotiations that needs to be considered?
Confidentiality of negotiations, heads of agreement and options
What are some parts of the contract?
Name and address of parties Consideration Each party's contribution how and when contract can be terminated who gets what at contracts termination term or length of agreement each partys responsibilities each partys rights how disputes can be resolved relevant laws signed and dated
What are some key collecting agencies?
Australian Performing Rights Association
Australasian Mechanical Copyright Ownership Society
Phonographic Performance Company of Australia
Copyright Agency Ltd
Visual Arts Copyright and Collecting Security
How do you determine whether theres a concluded agreement?
Best to have in writing, Necessary to look at all the surrounding circumstances to ascertain what was intended by parties
What are remedies for misleading and deceptive conduct?
Injunctions to prevent conduct from continuing, damages, court can decide to rescind or vary the contract
Who can sought a remedy?
Sought against person engaging in the conduct and any person “involved in the contravention”.
What does it mean to be “involved”?
They’re involved if they have knowledge of essential facts of the contravention
What are particular significant terms for entertainment industries
Promissory terms
restraints of trade
exemption clauses
What is a restraint of trade clause?
Restricts a persons right to carry on trade with other person’s is void under the common law
How does a restraint become invalid?
Removed from contract - if possible
What are the three types of promissory terms?
Essential terms (conditions) Inessential terms capable of a variety of breaches (intermediate terms) Inessential terms capable of only one breach (warranties)
What are the remedies for the breach of the promissory terms?
Depends on the classification. Damages.
Serious breach of intermediate term, breach of essential term or repudiation will allow innocent party to terminate contract.
