Drafting & Litigating Exclusion Clauses & Indemnities - Live with Helen Swaffield
This live session broadcast is aimed at those who litigate and draft exclusion clauses and indemnities. It reviews drafting strategies for service providers/suppliers as well as a review of the recent changes to consequential loss.
It also reviews drafting strategies for both the indemnified as well as the indemnifiers and contains a review of the recent cases.
What You Will Learn
This live and interactive session will cover the following:
- UCTA 1977 and the rise of party autonomy
- Different types of exclusion clauses
- The treatment of direct loss
- Consequential and indirect loss
- Caps and aggregation
- Using specific descriptions of loss
- New cases
- Defeating the protection (as a purchaser)
- Consumer contracts
- How to draft an indemnity
- How to maximise recovery under an indemnity
- Minimising recovery under an indemnity
- The relationship to the limit of liability
- Types of indemnities
- How to interpret an indemnity
- Recent cases
- The GDPR indemnity
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.