Education and the law : it's in the contract

Authors

Leneen Forde, Cornwall Stodart Lawyers
L Shevki

Abstract

Schools are involved with many contracts, e.g. with school cleaners, or tuck shop supplies, or information and communications services. Contracts may be negotiated by oral agreement or through an exchange of correspondence, and it is essential that the negotiation of terms and the drafting of the contract are properly conducted, otherwise errors may result. This article explains points that should be considered when negotiating a contract, which is a binding agreement, including common misconceptions. Traditionally the courts have said that an agreement is reached when the conduct of the parties can be characterised as the acceptance by one on the parties of an offer made by the other.

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