Avoiding the Most Commonly Litigated Areas in Commercial Contracts

Avoiding the Most Commonly Litigated Areas in Commercial Contracts
26 Sep 2024 - London


26 Sep 2024

9:30 AM ‐ 5:15 PM

With a SmartPlan £486

With a Season Ticket £540

Standard price £720

All prices exclude VAT
Intermediate: Requires some prior subject knowledge
6 hours
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This in-person seminar aims to provide contract and commercial lawyers with practical advice on how to tackle the most common and difficult problems that arise in relation to commercial contracts.

What You Will Learn

  • The legal risks audit: tools for risk assessment
  • Drafting to avoid litigation: recognising the dangers of inappropriate boilerplate or standard term provisions
  • Useful statements
  • Battle of the forms: the current view on incorporation
  • The pitfalls of undertaking work in anticipation of a contract
  • Unread but signed written terms failing to reflect pre-contractual discussions: who wins?
  • Evidencing the existence of oral contracts
  • Failure to agree key terms: when could there be a binding contract?
  • Entire agreement clauses: pushing them to their limits
  • Excluding liability for misrepresentation: non-reliance clauses
  • Liquidated damages and penalty clauses revisited
  • Time of performance, frustration and force majeure
  • Best or reasonable endeavours and clauses of obligation
  • Breach and affirmation: the practicalities
  • Material breach: termination rights and pitfalls
  • Exclusion clauses and limitations of liability
  • Guarantees, warranties and indemnities
  • Contractual damages update: consequential loss, indirect loss and loss of profits
  • Breach of confidence, loss of profits, causation and remoteness
  • Notices and errors in service
  • ADR, mediation and arbitration

Feedback on this course

Hear from our past delegates
Xanthe Banham

London | Open Energi Ltd

Experienced speaker, delivered with humour and enthusiasm.

Tanya De Souza

London | The Adecco Group UK&I

Very engaging. The speaker made a dry subject more interesting by incorporating humour and interaction.

Jessica Greenhalgh

Manchester | Davis Blank Furniss

Informative and engaging.

Mr Michael Brown

Peterborough | BGL Group

Very good base of subject matter.

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