Beware of notice rules. The law is strict.
Serving notices under a statute, contract, or other legal document is an important process to ensure that the notices are legally effective and that all parties, including the recipient, are informed about important decisions or events, such a breach, termination, or change in terms.
Serving notices correctly under a contract or statute can prevent future disputes. This article will outline the steps you need to take to successfully serve your notice.
1. Understand the Contractual/Statutory Requirements
Identify the Type of Notice:
Determine the type of notice you need to serve and the correct name and address for the recipient. Notices of breach, termination or renewal are common types. Each type may have different requirements and implications.
Review the Contract/Statute:
- The next step is to thoroughly review the contract/statute to understand the specific requirements for serving notice. Contracts usually contain a clause called “Notice”, which outlines the timing, method, and address of serving notice. If you fail to comply with all of these requirements, the notice will be invalid. It may be necessary, for example, to serve a particular address by registered mail. The contract/statute should also state how long you have to wait before it is deemed served. This is crucial to ensure that the notice arrives on time.
2. Methods of Serving Notice
- Written Notice:
Most contracts require written notice. The contract may specify a specific method of serving notice.
Post:
- This could be first class post, recorded delivery, or some other method – follow the contract.
- Email: Some contracts allow for electronic notices, but ensure that the contract expressly permits this method. Often, contracts may allow email delivery but also require a follow-up notice by post within a specified number of days.
- Personal Delivery: Ensure you obtain a signed receipt from the recipient or other evidence of delivery.
- 3. Timing and DeadlinesAdhere to Deadlines:
Contracts often specify deadlines for serving notice. If you miss these deadlines, your rights may be waived or you could face other legal consequences. Mark these dates and plan accordingly. You should read the deemed date of service, not only when you email, deliver or post. You need enough time for the post or other method or service to be deemed effective under the contract/statute.
Notice Period:
- Some notices require a specific notice period (e.g. 30 days prior to termination). To avoid any disputes, make sure you send the notice within this time frame. This includes any time between when you transmit it and when it is deemed to have been received. The contract may prevent you from serving it too early. Read the contract again and make sure you comply with the details. Understand how a period of time is calculated. Check whether it’s calendar days or business day and how they are defined.
4. Content of the Notice
- Clear, Concise, and To the Point Language:
The content of the notice should be clear and concise. Avoid ambiguous language that could lead to misunderstandings.
Include Essential Information:
- Ensure the notice includes everything required by the contract/statute, and this can include:
The date of the notice.
- The names and addresses of both parties.
- A clear statement of the action being taken (e.g., termination, breach).
- Reference to the specific contract clause being invoked.
- Any required supporting documentation.
- 5. Proof of Service
- Document Delivery:
Keep detailed records of how and when the notice was served. This includes:
Copies of the notice.
- Re-receipts for emails
- Proof of mailing or delivery (e.g., certified mail receipt, courier tracking).
- Acknowledgement of receipt from the recipient.
- Follow-Up:
- If the contract allows, follow up with the recipient to confirm receipt and address any questions or concerns they may have.
Common Mistakes
- Getting the name, identity or address of the recipient wrong.
Sending it by email instead of post
- Failing to understand the date you send the notice is very often not the date it is received
- Not understanding how the days in the period are calculated
- Not including all the information required, e.g. Purchase order number
- Sending it to the wrong employee of the right company where the contract stipulates a particular person
- Sending a notice with a ‘without prejudice’ heading in the notice or covering correspondence – it will not be effective
- How to recover from a mistake
- In most cases, a defect in the notice will be fatal. In some cases, one may be able argue waiver or estoppel in order to save the notification. This will require careful analysis and argument by a solicitor experienced in dispute resolution.
Conclusion
Serving notice under a contract or statute is a crucial process that requires careful attention to detail and adherence to contractual and legal requirements. Legal experts can provide assistance and advice regarding drafting a notification, responding to a given notice, or resolving a dispute involving a given notice. Helix Law provides further guidance and support to ensure any notices are valid.
