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
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...