Contract Clause Consultation Rights

Summary

The clause in question allows David Jones to relocate or alter the Fit-Out after consulting with the vendor, but the final decision is at David Jones discretion. The vendor has the right to be consulted and can voice objections, but David Jones retains decision-making authority. Documenting concerns, providing evidence, and negotiating can help if disputes arise. Adding a consultation clause strengthens the vendors position compared to no consultation clause. Both proposed clauses have similar outcomes, ensuring vendor consultation but leaving final decisions to David Jones. Consider legal advice to leverage consultation rights effectively.

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have a question re a legal sentence
Hey Romeo! Sure, I can help with that. Could you please provide more details about the legal sentence you're asking about? For example, what type of case it relates to or any specific concerns you have.
it relates to a a clause in a david jones contract re a relocation piont
Hey Romeo! I can help with that. Could you please provide the specific clause or the wording of the sentence in the contract you're concerned about? This will help me give you more accurate information.
The Vendor agrees that, after consultation, David Jones may relocate or alter all or any part of the Fit-Out at any time at David Jones’ sole discretion”. The after consultation clause gives right to a vendor to discuss or objec in relation to a possible move and what are the vendors rights ?
Case Rating: *
The clause you mentioned indicates that David Jones must consult with the vendor before relocating or altering any part of the Fit-Out, but the final decision rests with David Jones. This means:
- Consultation Rights: The vendor has the right to be consulted and discuss any proposed changes.
- Objection Rights: The vendor can voice their concerns or objections during the consultation.
- Decision Authority: Despite the consultation, David Jones has the sole discretion to make the final decision.
Would you like more specific details on how to handle objections during the consultation process?
yes
Here are some tips on handling objections during the consultation process:
- Document Concerns: Clearly document your objections and concerns in writing.
- Provide Evidence: Support your claims with evidence that highlights the impact on your business.
- Negotiate: Propose alternatives or compromises that could address both parties' interests.
- Seek Legal Advice: Consider consulting with a lawyer to strengthen your case and understand your rights.
Do you need help finding a lawyer in Victoria?
Would the suggestions on handling the objections assist should the matter go legals
The suggestions provided can assist if the matter goes legal by showing that the vendor took reasonable steps to address their concerns. Here are some additional points to consider:
- Document all consultations and responses.
- Maintain records of any agreements or compromises reached.
- Seek legal advice early to ensure your rights are protected.
Would you like more information on legal services in Victoria?
what could be the outcome based on the above if a dispute should arise?
The outcome of a dispute arising from the clause in the David Jones contract could vary, but generally, it could involve:
- Mediation/Negotiation: An attempt to reach a mutually agreeable solution through negotiation or mediation.
- Legal Proceedings: If unresolved, the matter might go to court, where a judge would interpret the clause and decide based on the contract terms and evidence presented.
Would you like more information on how to prepare for potential legal proceedings?
the previous clause had no ' no consultation ' so by adding this, the vendors position has been strengthened ?
Adding the "after consultation" clause does strengthen the vendor's position by ensuring they have a say in the matter before any relocation or alteration of the Fit-Out. It provides the vendor with a formal opportunity to discuss and object to proposed changes, although the final decision still rests with David Jones.
Would you like more specific information on how to effectively leverage this strengthened position?
*)The Vendor consents that, following meaningful consultation, David Jones retains the right to modify or relocate any part of the Fit-Out, while valuing the Vendor's feedback in the decision-making process." *) The Vendor consents to David Jones having the authority to relocate or modify the Fit-Out after a consultative process, ensuring that the Vendor’s views are considered in the decision Could the above have the same outcome for the vendor:
Both clauses indicate that David Jones must consult with the vendor before making modifications or relocations to the Fit-Out, but the final decision rests with David Jones. While the wording slightly differs, the outcome for the vendor remains similar in both cases.
Would you like to know more about how to leverage your consultation rights effectively?
Will both these clauses potentially have the same outcome as ' he Vendor agrees that, after consultation, David Jones may relocate or alter all or any part of the Fit-Out at any time at David Jones’ sole discretion '
Yes, both the clauses you provided would likely result in a similar outcome as "the Vendor agrees that, after consultation, David Jones may relocate or alter all or any part of the Fit-Out at any time at David Jones’ sole discretion." The key elements of consultation and final decision authority by David Jones are present in all versions.
Would you like more details on how to effectively use your consultation rights to protect your interests?