Advanced Contract Law for Non Lawyers - Refresher

Event Details

    Current issues on formation 

    • The objectives of standard terms and designing a framework to control terms
    • Examining issues in procurement and identifying practical and legal responses
    • Implied terms and the practical issues which arise
    • The use of formation documents and associated risks
    • Management of electronic communications, electronic signatures and practical steps to manage contracting in an electronic form


    Risk management within the contract 

    • Outline of basic liability at common law
    • The different types of losses which need to be provided for
    • Differences between general damages and consequential losses
    • Identification of appropriate clauses which can be used to manage risk, e.g. exclusion clauses, limitation of liability clauses, insurance, indemnities, ‘best endeavours’ clauses, entire agreement clauses, waivers
    • The exclusion of negligence and the impact of the Fair Trading Act 1986
    • The impact of the Contract & Commercial Law Act 2017 and contractual responses
    • The judicial rules which govern the interpretation of the above clauses in contracts
    • Interpretation clauses and drafting tips to avoid the pitfalls of risk management clauses


    Termination and termination for convenience

    • An outline of termination and common law and the statutory rights of cancellation under the Contracts and Commercial Law Act 2017
    • The use of termination for convenience clauses in contracts
    • Restrictions on the right to terminate for convenience
    • The importance of ‘good faith’ and its impact on these clauses
    • Identification of conduct which amounts to wrongful termination and its impact on contracts

     

    The issues surrounding liquidated damages and practical responses

    • What are liquidated damages and when should they be used
    • The legal principles surrounding enforceability of liquidated damages clauses
    • The relationship of these clauses with other contractual remedies
    • The practical aspects of using and getting the most out of these clauses


    Payment clauses in contracts

    • The objectives of payment frameworks
    • An examination of the various models
    • Issues to consider when designing a payment model in contracting
    • The key legal and practical elements of issues in payment clauses
    • An examination of statutory examples of payment legislation


    Case examples

    The one-day course will focus on examples presented by the participants. This will enable the group to consider examples of a wide range of scenarios, and look at actual contract clauses and contract processes. The approach will be a mix of law applied against real practice examples.

     

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