UUÂãÁÄÖ±²¥

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).

Nugee LJ, in the Court of Appeal decision in Khan v D’Aubigny has commented that a notice can include a document which conveys information as well as one which exercises a right. Further, it is generally understood as referring to a notice in writing and having an air of formality, although no particular form or language is required.

Compliance with a notices clause is likely to be essential in a number of different Contractual scenarios. It is commonly relevant, for example, when extending (or preventing the extension of) the term of a commercial contract or if informing the other party of a dispute, breach of warranty or an indemnity claim.

The courts have applied the law relating to unilateral