Course description
This virtual classroom seminar sets out 2023-2024 caselaw developments with a lively interactive approach for delegates involved in drafting, reviewing or litigating contracts.
Barrister Helen Swaffield will cover the latest in guarantees and indemnities, limitation of liability, obligations, and much more over the course of the session.
Helen specialises in commercial law and is a regular broadcaster and presenter. Tune in to benefit from her expertise on this topic.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
This virtual classroom seminar 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 live and interactive 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
With over 1,000 expert speakers covering more than 3,360 different topics, our course portfolio is vast and can be delivered either online or in-person. With over 450 years of collective professional development experience, we are proud to be trusted to...