Contract Breach and Termination - Key Remedies for Litigators
This course is for commercial practitioners and litigators and focuses on breach of contract and the remedies that follow. It reviews and explains the circumstances which permit termination of a contract as well as highlighting common problems encountered in dealing with poor performance.
Material breach or repudiatory breach?
Rights to terminate for innominate clauses including warranties
Wrongful termination and waiver - how to reserve rights
Damages – direct and indirect loss
Claiming around limitation of liability clauses
Assessing the risk of loss
Mis-statement and misrepresentation
Rescission for mistake
Indemnity measures of loss and whether they are capped
Specific performance, rectification and declaratory relief