This is a highly practical course which focuses on the opportunities and risks occurring in every day commercial contracts which underpin most civil disputes, making it a must for private practitioners and In-House lawyers whether negotiating, drafting or litigating on contract and commercial matters.
- The Legal Risks Audit - how to avoid litigation with use of essential protective terms
- Useful statements - to aid the litigator
- Incorporation of terms and life after the "battle of the forms"
- How to avoid challenges to the Enforceability of Settlements - Entire Agreement Clauses, pushing them to the limit - Compromise Agreements, 3 simple rules for compromise and release - Damages Update, recent developments and calculation issues - Liquidated Damages and Penalty Clauses Revisited, the use of a condition precedent - Making Time of the Essence, the danger of the Union Eagle case - Post termination Restrictive Covenants - The purpose of Written Terms - Language and Punctuation - Exclusions and Limitations
- Contractual Intent and Enforceability including the danger of commencing work prior to "signing off"
- Discharge and Terminating the Contract and the exposure of wrongful termination
- The Drafting and Effect of Dispute Resolution Provisions including the enforceability of ADR clauses
- Traps for the Unwary: A Practical Appraisal of the following: Force majeure, Variation and waiver, Confidentiality and "lock out" agreements, The hidden exclusion clauses and how to satisfy the "reasonable test" in UCTA, Termination provisions, Liability in contract and tort, Novation and assignment, Notices and the Post Mannai Investment cases
- The Solicitors' "Must Know" List of Contract and Commercial Law Principles