Use this button to switch between dark and light mode.

Notice clauses

This guidance note on notice clauses provides a comprehensive overview of the legal framework governing how parties to agreements must or may give notices and communications. Practitioners must understand the critical distinctions between mandatory and permissive notice clauses, and the complex implications of delivery and receipt requirements under varying methods.

Topics Covered

  • Mandatory and permissive notice clauses
  • Elements of notice clauses
  • Case law principles in relation to notice clauses
  • Impact of electronic transactions legislation
  • Key drafting considerations

Essential Insights

  • Assess whether your notice clause should be mandatory or permissive to balance certainty and flexibility.
  • Identify the nuanced definition and scope of ‘Notice’ to avoid unintended obligations or gaps.
  • Consider the strategic risks of permitting email notices amid evolving electronic transactions laws.
  • Recognise how courts interpret ‘delivery’ versus ‘receipt’ and their impact on notice validity.
  • Evaluate recent case law demonstrating the tension between strict compliance and commercial practicality.
  • Understand process service provisions and the role of local agents in cross-jurisdictional scenarios.

To view the full version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in CONTINUE READING