Professional Training

Avoiding the Most Commonly Litigated Areas in Commercial Contracts

Length
6 hours
Next course start
26 September, 2024 See details
Course delivery
Classroom
Length
6 hours
Next course start
26 September, 2024 See details
Course delivery
Classroom

Course description

"Excellent - clear, entertaining & practical commercial approach - translated case law into practical application."


This hugely popular in-person seminar is invaluable for contract and commercial lawyers. From recognising the dangers in boilerplate clauses to evidencing the existence of oral contracts, the course will provide an abundance of vital tips for practitioners.


Presenter Stephen Broomhall is a solicitor and chartered arbitrator with over 30 years' practical experience in commercial work. Be sure to join him as he discusses pertinent topics such as the legal risks audit, drafting to avoid litigation, the current view on incorporation, pitfalls of undertaking work in anticipation of a contract, unread but signed written terms failing to reflect pre-contractual discussions, excluding liability for misrepresentation, guarantees, warranties and indemnities, and much more.

Upcoming start dates

1 start date available

26 September, 2024

  • Classroom
  • London
  • English

Outcome / Qualification etc.

Following all MBL courses, a certificate of attendance will be provided for those who are required to evidence their CPD activity to a professional body.

Training Course Content

Introduction

This in-person seminar aims to provide contract and commercial lawyers with practical advice on how to tackle the most common and difficult problems that arise in relation to commercial contracts.

What You Will Learn

  • The legal risks audit: tools for risk assessment
  • Drafting to avoid litigation: recognising the dangers of inappropriate boilerplate or "standard term" provisions
  • Useful statements
  • Battle of the forms: the current view on incorporation
  • The pitfalls of undertaking work in anticipation of a contract
  • Unread but signed written terms failing to reflect pre-contractual discussions: who wins?
  • Evidencing the existence of oral contracts
  • Failure to agree key terms: when could there be a binding contract?
  • Entire agreement clauses: pushing them to their limits
  • Excluding liability for misrepresentation: non-reliance clauses
  • Liquidated damages and penalty clauses revisited
  • Time of performance, frustration and force majeure
  • "Best" or "reasonable" endeavours and clauses of obligation
  • Breach and affirmation: the practicalities
  • Material breach: termination rights and pitfalls
  • Exclusion clauses and limitations of liability
  • Guarantees, warranties and indemnities
  • Contractual damages update: consequential loss, indirect loss and loss of profits
  • Breach of confidence, loss of profits, causation and remoteness
  • Notices and errors in service
  • ADR, mediation and arbitration

Expenses

From £486
MBL Seminars Limited
C/o Law Business Research
Holborn Gate, 330 High Holborn
WC1V 7QT London

MBL Seminars Limited

MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...

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