Insights
From the team.
1158 articles on contract law, deals, policy and legal technology, including the full Clausehound and DealPrep blog archives.
Contractors need to specify payments for incomplete tasks
When drafting a work related contract, ensure that payment due for the completion of the task, as well as payment due for partial completion of the task is included and specify the...
Unplanned benefit can lead to a disgorgement claim.
Disgorment damages are intended to strip the defendant of any benefits they obtained as a result of their wrong doing. As such, even if the plaintiff...
Consideration to enforce a non-compete provision
Discussion: In the sale of a business, the agreement of the vendor not to compete may be part of the consideration by agreeing to acquire the business.
Know who you are suing
Discussion: Stekel v. Toyota Canada Inc (2011 Ont SC) emphasizes the importance of knowing who your counterparty is, in the event that you decide to litigate. Although the plaintiff, in this case,...
Distinct actions or representations are required in order to waive the strict language of a contract
A party can waive the strict language of a contract where, by its actions or representations, it leads the other to believe that those contractual rights will not be enforced.
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.
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.
Concept of “novation” to transfer a liability to another party
In Re Temple (2012, Ont SC), the applicant lent money to Temple (an individual) in 2005. The debt was due in 2006, and the last payment was made in November 2007. The...
Unfair agreements may be rejected by the court
Generally, when a signor signs a contract, they are bound by it. However, courts have created exceptions to set aside a contract if they are unconscionable (when there is unequal bargaining power...
Read the fine print
The signer has the responsibility of knowing the terms of the contract(s) and carefully signing. The court will not support any carelessness.
eBay? More like e-Bye! Court rejects unilateral termination of a $98K shoe sale
The article discusses unilateral termination and site user agreement.
X marks the healthy spot - Enterprise Toronto
Links from this article:X MovementDeena Douara Karim X Movement aims to energize schools through Aussie sports, proactive engagement, and a s...
Clausehound Collaborates with Downtown Windsor Business Accelerator!
Links from this article:Accelerator$10 per monthClausehound is excited to announce its collaboration with Downtown Windsor Business Accelerator in p...
Clausehound.com Celebrates its Collaboration with the Toronto Tech Summit
On October 28, 2016, between 12:00-5:30 PM, Clausehound.com will be featured at the Toronto Tech Summit located at the St. Lawrence Centre for the Arts. We’re celebrating new achievements and want to...
CLAUSEHOUND.COM PARTNERS WITH PROJECT SPACES
Links from this article:membershiphereClausehound.com is very excited to have joined forces with Project Spaces, a fantastic and reputable co-workin...
Clausehound Founder Speaking Today to the Ryerson Law Practice Program
Rajah Lehal, Founder and CEO of Clausehound is speaking today at the Ted Rogers School of Management on Clausehound. He will also be discussing his journey as an entrepreneur.
From briefcase and shiny shoes to backpack and sneakers
Some say you don’t become an entrepreneur - you’re born an entrepreneur, but I certainly didn’t start my career as one. After a dozen years climbing the monkey bars of large organizations,...
How To Become Profitable Faster In SaaS (Tom Tunguz)
Clausehound is an active contributor to the Multiplicity Media Small Business Community, and Rajah Lehal, Founder of Clausehound is also the Co-Founder of Multiplicity.
How do I make a “Terms and Conditions” user friendly while also protecting my legal rights?
This article provides a guideline on how to create user friendly "Terms and Conditions", while still protecting legal rights.
Blog Bite: What are the benefits of a small business being in a mentor-protege arrangement for the purposes of contracting with the federal government?
This article posted on our partner site Mondaq.com addresses how small businesses can prevent losing contracts with government agencies when they are affiliated with a larger firm.
Clausehound.com Partners with Western University’s Propel Business Accelerator!
October 4, 2016 Toronto, ON Clausehound.com and Propel have joined forces to promote business innovation and growth! Many budding entrepreneurs...
Clausehound.com Will be at Enterprise Toronto's Small Business Forum on October 25th!
This post is to remind subscribers that on October 25, 2016, between 9:00 AM - 4:00 PM, Clausehound.com will be featured at Enterprise Toronto’s Small Business Forum located at the Toronto Metro...
Software Development/Master Services Agreements Part V: Compensation Levers
Links from this article:hereSUCCESS FEES AND DISCOUNTS Fees discounts and/or success fees may be applied and this can either be formalized or discretionary. Other forms of compensation levers in an MSA are...
Shhh....Secrets of Organizational Success for Articling Students and Newly Called Lawyers
Clausehound bloggers have mentioned in previous articles that the life of an articling student can be quite daunting, with a steep learning curve.