(A Four Minutes Read)

If you are frequent reader of this blog it is good that you understand what contract is and what it is not. Contract is basically a promise back with consideration. Breaking those contractual promises might get you more than you bargain for. Contravention of the terms of the contract is bad enough, but what if you are to pledge that a content you just created is yours or your intellectual property.
Is it your Intellectual Property?
Most contracts includes these clauses, when running design for sale, online Application, website or that you didn’t violate any state or federal laws in making it
In answering such question or inquiry you may consider the followings -

1). Knowledge of language
In answering this sort of questions, it is for safer to be wise as serpent, use words to dodge future liabilities like bullet. When you can’t be specific whether or not it’s your intellectual property or that you have or not violated any law in making the design- use words such as ‘to the best of my ability’ in answering the question. It’s good to quickly state that these words ‘ To the Best of My knowledge I have not violated any law’ These words are not magic words that works magic which totally exculpates you from liability in every sense. But where push comes to shove; the court will only inquire whether or not what you said was to the best of your ability was really to the best of your ability’ is really reasonably what ought to be the best ability or knowledge of reasonable man in your shoes. By and large the use of these words may help to reduce liabilities

2). Know your liabilities
It is not enough to observe the above, if you don’t even understand your liabilities. In understanding your liabilities you should know express and implied meaning of what you promised in a contract. Also important are indemnity clause in the contract; be on the guide for these clauses. Most often than not they written not in big bold letters or headings with title but they are part of the contract. So know exactly what you are willing to indemnify. The essence of indemnity clause is to indemnify a party while making another liable. When it comes to indemnity clause you should shine your eyes.

3). Put a Limit to your liability
You might want to add to the contract how much you will pay or that your liability in case of a breach will not exceed so so so amount.

These guidelines should not be limited to this scenerio alone, they can generally be adopted in other contractual dealings of your business or yourself.



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