Contract masterclass webinar series 2022

We provide below an overview of what is covered in each of these webinar topics.

Formation
This webinar covers:

• The use of heads of terms and the way in which the courts approach their enforceability
• Offer and acceptance in a commercial context
• Standard terms, “battle of the forms” scenarios and when the “last shot” may not win
• Key practical points to consider when negotiating and executing contracts

Representations and warranties
This webinar covers:

• The different remedies available for misrepresentations and breaches of warranties
• The judicial treatment of pre-contractual statements, including when they are incorporated into the contract as warranties
• Key pointers to consider when negotiating warranties

Implied terms
This webinar covers:

• The key principles governing the implication of terms into a contract under English law, including a duty of good faith
• Recent developments in case law regarding implied terms
• When the “Braganza duty” to exercise a discretion reasonably applies and its scope
• Key practical points to consider when drafting discretionary obligations into your contracts

Post contractual modifications and waiver
This webinar covers:

• The principles applied by the courts when considering whether the parties have modified their contract or waived a requirement
• Recent developments and illustrative decisions
• Practical tips for drafting or amending contracts

Force majeure and frustration
This webinar covers:

• A reminder of the English law relating to force majeure provisions and frustration
• Recent examples of where parties have relied upon these
• Tips for drafting an effective force majeure clause, relying on or challenging one

Exclusion clauses
This webinar covers:

• The role of exclusion clauses as part of contractual risk allocation
• Recent judicial treatment of such clauses, including on the issue of excluding liability for wasted expenditure
• Key points to consider when including such clauses in your contracts or assessing your rights under existing contract

Termination, repudiation and affirmation
This webinar covers:

• The importance of getting termination right: a recap of the principles
• The latest judicial treatment of claims alleging repudiation and wrongful termination, including when a breach is “capable of remedy”
• Key pointers and pitfalls to consider when seeking to terminate an agreement (or when faced with a counterparty’s attempt to terminate)

Dispute resolution clauses
This webinar covers:

• The use of tiered dispute resolution clauses and the practical effect when a party fails to comply with a contractual duty to negotiate or mediate;
• Points to watch for when entering multiple agreements; and
• Recent developments and points to consider when drafting arbitration clauses.

Tax considerations
This webinar covers:

• Key tax considerations in preparing contracts
• Things to think about when allocating tax risk between contractual parties
• Tax considerations in an intra group context