Notices—commercial contracts
Notices—commercial contracts

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Notices—commercial contracts
  • Purpose
  • Content
  • Common provisions
  • What is a valid notice?
  • Statutory provisions
  • Registered post and recorded delivery
  • Evidence of posting
  • Mistakes in notices
  • Silence as to notice

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).

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 the notice can be sent by post and/or delivered by hand, and whether it must be sent by recorded delivery and/or first class post

  5. whether the notice may be sent electronically such as by fax or email, and if so, whether such a communication must be confirmed by post

  6. the addresses where notices are to be sent and the person/post to whom the notice should be marked for the attention of, and how any changes to such details should be made

  7. when the notice is deemed to be received, and

  8. the method of proof that a notice has been received

For an example of a notices clause and drafting notes, see Precedent: Notices clause.