Course description
This in-person course sets out the latest 2023-2024 caselaw developments with a lively interactive approach for delegates involved in drafting, reviewing or litigating contracts.
Join barrister Helen Swaffield as she explores developments in a variety of topics, including guarantees and indemnities, good faith, limitation of liability, obligations, and much more.
Helen specialises in commercial law and is a regular broadcaster and presenter. Sign up and learn from her wealth of experience in this topic.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
This course sets out the latest 2023-2024 caselaw developments with a lively interactive approach for delegates involved in drafting, reviewing or litigating contracts.
What You Will Learn
This course will cover the following:
- Formation - subject to contact; purchase orders and frame agreements
- Interpretation - how to deal with contingencies and ambiguities, precedence clauses
- Good faith and discretion - rowing back from Bates v Post Office - new cases on termination and Braganza discretion
- Guarantees and indemnities - primary and secondary guarantees distinguished. Conclusive evidence of triggers for indemnities. Using indemnities in SPAs
- Obligations - more concerns about innominate terms from the Court of Appeal; implying terms. Clauses that are void for ambiguity
- Breach of contract and damages - material breach guidance compared with repudiatory breach; cure periods; avoiding wrongful termination
- Other remedies - liquidated damages or penalty clauses; quantum meruit and declaratory relief
- Limitation of liability - latest guidance from the Court of Appeal for suppliers; deliberate breach and gross negligence limitation clauses examined
- Boilerplates - assignment, confidentiality; progress with Hague Convention in law and jurisdiction clauses
- Commercial law update: data protection, consumer rights, AI, competition and IPR
Expenses
MBL Seminars Limited
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