This highly interactive course covers all the latest developments in contract law. It develops practical points from the cases from the last 18 months, and explains their relevance through practical drafting examples and discussions.
This intensive programme will ensure delegates are aware of all the main issues relevant to contracts, their formation, operation and termination. Whether supplying or buying goods, services or intellectual property, all those involved with contracts will gain the necessary latest knowledge of the law needed in this field.
Benefits of attending
- Learn about the latest case law relating to contracts
- Examine the impact the latest case law has on your contracts
- Understand how to use this information in practice
- Get to grips with contract interpretation and implied terms
- Reduce your contract risk profile and tighten up your contract clauses
Certification:
- CPD: 6 hours for your records
- Certificate of completion
Course Content
Introduction
Formation of a contract
- Offers or ITTs
- Parties
- Burying onerous terms and incorporation
- Deeds gone wrong
Interpretation and implied terms
- How to interpret a contract
- Which terms can be implied and in what circumstances?
Good faith and discretion
- The status of good faith in English Law
- When can a decision be attached for being capricious?
Guarantees and indemnities
- Primary guarantees 'on demand'
- Secondary obligations to perform or to pay
- 6 types of indemnities
Obligations and endeavours
- Innominate, warranty or a condition - how do you tell?
- New tests for reasonable endeavours
Breach of contract and damages
- The difference between repudiatory and material breach
- How to handle non-performance
- Liquidated damages or penalties?
Other remedies
- Failure of basis and abandonment
- Misrepresentation
- Unjust enrichment and duress
Limitation of liability
- Drafting exclusion clauses that work
- Latest guidance on reasonableness
Boilerplates
- Force majeure - Covid and Ukraine
- The entire agreement clause
- Dispute resolution and variations
Smart contracts
- Contracting in natural language or code?
Course Provider
Helen Swaffield,
Barrister in Commercial and Public LawHelen Swaffield is a practising Barrister with over 25 years’ experience in Commercial and Public Law including commercial contracts and regulation, EU Law, international outsourcing and procurement, competition, franchising, supply and distribution and IPR. Helen appears in the High Court, Commercial Court and Technology and Construction Court as well as commercial arbitrations and adjudications. Helen has a French Law accreditation and has a diploma in EU Law from the University of Strasbourg. Having worked at both the EU Commission and the EU Court, she speaks French and reads Spanish.
Helen has drafted commercial, public and health sector contracts and has developed precedents and templates for industry use. She is regularly consulted to mitigate business risks and resolve claims and other disputes before litigation. Helen is the editor of and contributor to the Commercial Litigation Journal and the Procurement and Outsourcing Journal.
Who Should Attend
- In-house lawyers
- Private practice lawyers
- Contract managers and professionals
- Paralegals and trainee solicitors
- Business development managers
- Procurement managers
- Purchasing managers
- Others whose work regularly brings them into contact with contracts
