10 Common Commercial Disputes

Jun 13, 2023 | Publication

There are all sorts of commercial disputes which businesses large and small can become involved in.  Here are 10 common examples:

  1. Contractual disputes – what is the meaning of an agreement and how should it be interpreted. A contract can be in writing, oral and/or implied.
     
  2. Breach of contract – one party has allegedly not complied with the terms of an agreement. A dispute may arise as to whether there has been a breach and, if so, what are the consequences of the breach.
     
  3. Termination of a contract – one party may seek to terminate the contract, and the other party may not accept the termination, and may maintain that the contract remains on foot. There may be an issue as to repudiation of the contract.
     
  4. Misleading and deceptive conduct – one party may allege that the other party has engaged in misleading and deceptive conduct, in breach of a contract and/or in breach of a statutory duty.
     
  5. Frustration – one party may allege that a contract has been frustrated. There may be an issue as to the extent of the frustration and/or the consequences of the frustration.
     
  6. Damages – there may not be an issue as to liability, but as to the extent of contractual damages, or damages in tort or statutory damages. An issue may arise as to causation. There can also be an issue as to whether one party has mitigated its losses.
     
  7. Building and construction disputes – these can relate to large developments through to small improvements
     
  8. Insurance disputes – does an insurance contract apply, what do the clauses of the insurance policy mean, what were the duties of brokers and agents.
     
  9. Professional negligence – has there been a breach of the duty of care owed by a professional advisor.
     
  10. Insolvency issues – voluntary and involuntary liquidations, administration, receivers, managers and controllers, examinations by liquidators, insolvent trading, preference payments.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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