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
Outcome / Qualification etc.
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
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...