It’s important to have a good understanding of exclusion and limitation of liability clauses when drafting contracts. Neither side in a contract will want to be unreasonably limited by these clauses but, on the other hand, neither side will want to leave themselves open to providing compensation for losses incurred.
This intense half-day will bring you right up to date with all you need to know about the specific issues and potential pitfalls related to these clauses. It also covers negotiating and drafting issues that can invalidate exclusion and limitation of liability clauses.
The expert trainer will share his immense experience in this area, giving you the skills and knowledge to identify and mitigate against the risks and responsibilities related to these specific clauses. Working through drafting exercises will help embed the learning and ensure you get the most out of this course.
Benefits of attending
By attending this course you will:
- Understand exclusion and limitation of liability clauses in more depth
- Get to grips with internationally accepted practice and jurisdictional differences
- Learn about the economic rationale for this area of law
- Master the ACE principle
- Practice drafting techniques
- Explore 2023/2024 changes you should be aware of
Certifications:
- CPD: 3 hours for your records
- Certificate of completion
Course Content
Understanding exclusion and limitation clauses
- International applicability and different practices
- Myths about liability clauses
- Internationally accepted practice
- Economic rationale for this area of law
- The liability protection spectrum
- Jurisdictional differences
- Factors affecting which do and factors which do not affect liability
- A roadmap to drafting a clause:
- Evaluating risk
- 3 solutions to reduce risk before you get anywhere near a limitation or exclusion clause
- The ACE principle
- Acceptance of risk
- Capping of risk
- Exclusion of risk
- Drafting a clause
Negotiating liability clauses: risks and responsibilities
- Arguments used by each side when negotiating
- Indirect and consequential loss
- A suggested approach
- When you do your job but someone messes it up
- UCTA, CRA
Drafting a liability clause: tips, tricks and techniques
- Exercises in drafting
- 2023-2024 changes
Final questions
Course Provider
Mark Weston ,
Hill Dickinson LLPMark Weston is a partner at Hill Dickinson LLP where he is Head of Commercial Law (London), Information Technology Law and, Intellectual Property Law. Mark joined the firm in 2016 from Matthew Arnold & Baldwin LLP where for 12 years he was a partner and Head of the Commercial, Intellectual Property and Information Technology Group, before which he spent several years at Baker McKenzie. Mark’s practice covers both non-contentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, digital and privacy/data law. He specialises in commercial and tech issues. He has extensive experience in-house, having been seconded in the past to Hewlett Packard and new technology companies. His practice covers all sorts of commercial areas (including distribution, agency, franchising, sales and marketing strategies, advice and documentation) as well as extensive IT niches including advising clients regarding hardware and software issues (including SaaS, cloud, development, licensing, maintenance and distribution), solutions for and methods of transacting on the Internet, electronic commerce including B2B, B2C and B2G, S-commerce and M-commerce, social media, strategies to minimise or maximise liability and carry out compliance audits, outsourcing, facilities management, procurement, company IT policies and data protection (privacy) issues. He also has experience in IT litigation (and different alternative dispute resolution techniques). Mark writes various books on his specialist topics and is an editor and contributor to several publications and articles and lectures at numerous commercial, IP and IT-related conferences and training programmes. Mark appears regularly on BBC1 (usually providing advice on-screen to BBC Watchdog) and also on Sky News as a legal commentator.
Who Should Attend
This interactive course has been specifically designed for:
- In-house lawyers
- Private practice lawyers
- Commercial and contracts directors and managers
- Procurement personnel
- Business development managers
- Others whose work brings them into contact with contracts
