Agreeing to Agree – When Heads of Agreement Become Binding – Leo Cussen Centre for Law

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Agreeing to Agree – When Heads of Agreement Become Binding

Agreeing to Agree – When Heads of Agreement Become Binding

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Heads of Agreement, also referred to as 'Letter of Intent', 'Memorandum of Understanding' and 'Term Sheets ', are entered into by parties who intend to sign a more formal agreement. These documents generally set out the terms that have been agreed upon and the parameters that will govern future negotiations between the parties. Yet if or when circumstances change, or following disagreement, lawyers can find themselves disputing whether a particular term, or the Heads of Agreement, are binding or not.  

This seminar will provide guidance on:  

  • The analysis of the legal principles underpinning Heads of Agreement
  • When Heads of Agreement, or its terms, are enforceable and legally binding in face of a dispute 
  • Drafting suggestions for sufficiently clear terms and intentions of the parties in Heads of Agreement  
  • Analysis of recent significance cases  

Rest assured; this session is tailored to address any doubts you may have about the Heads of Agreement!