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Purpose

A Notices clause is often included in an agreement to ensure that each party has certainty and clarity in relation to formal communications between the parties and the giving of notices to, and the receipt of notices from, the other parties to the agreement. In the absence of a notices clause, default statutory provisions may apply (see Statutory provisions below).

Compliance with a notices clause is likely to be essential in a number of different Contractual scenarios. It is commonly relevant, for example, when extending (or preventing the extension of) the term of a commercial contract or if informing the other party of a dispute, breach of warranty or an indemnity claim.

The courts have applied the law relating to unilateral contract notices when considering if an option has been validly exercised.

Content

A notices clause often includes provisions specifying:

1. •

   that the notice must be given in writing

2. •

   that the notice should be given in English

3. •

   whether the clause applies to notices given in relation to legal proceedings or other forms of dispute resolution

4. •

   whether