These concise 30-minute online sessions are tailored to equip you with practical guidance. Each session covered the most recent legal developments on a range of contractual considerations, providing tips on drafting, interpretation and pointers on where disputes are likely to arise.
Don't miss this opportunity to enhance your understanding of English contract law and bring yourself up to date on developments.
If you missed a session or want to re-visit a discussion, please click the button below.
Agenda set out below
Formation of contract
In this webinar we looked at:
- What is needed to form a commercial contract
- The point where an exchange of communications can become a binding contract
- The use of modern forms of communication to form contracts, including social media and even emojis
Speakers:
- Patrick Boylan
- Jonathan Schuman
- Robert Brodrick-Clacy
Interpretation
In this webinar we looked at:
- The courts' approach to questions of contractual interpretation
- Situations in which questions as to the interpretation of a contract commonly arise
- Recent authorities on the meaning of "in good faith on arms-length terms" and "commercially reasonable"
- Key practical points to consider when drafting contracts
Speakers:
- Basil Woodd-Walker
- Will Dunning
Variation, waiver or new agreement?
In this webinar we looked at:
- The requirements to validly vary or assign a contract
- A key recent case considering whether an agreement had been varied or replaced
- Contractual limitations on variation and waiver and how to draft them effectively
Speakers:
- Lily Mortimer
- Craig Gilchrist
Rights of Third Parties
In this webinar we looked at:
- Situations in which a person who is not a party to a contract can nonetheless enforce its terms
- Two recent authorities on the interpretation and application of the Contracts (Rights of Third Parties) Act 1999
- Considerations for contract drafters when considering possible third parties with an interest in the contract
Speakers:
- Eve Emery
- David Bridge
Repudiation, termination and affirmation
In this webinar we looked at:
- When does a breach of contract entitle a counterparty to terminate?
- Whether a party can ever terminate in reliance upon its own breaches
- When does continued performance constitute affirmation and remove the right to terminate?
- Drafting termination provisions: the dos and don'ts
Speakers:
- Adam Brown
- Shaun Clay
Exclusion clauses
In this webinar we looked at:
- Common issues that arise when framing exclusions and limitations of liability
- Key recent decisions interpreting such clauses, including what falls within "lost profits" and how cross-claims are treated
- Drafting exclusion clauses: the dos and don'ts
Speakers:
- Abby Fawcett
- Katie Bridge-Adams
Damages – mitigation and benefits from breach
In this webinar we looked at:
- The duty to mitigate your loss when a counterparty is in breach
- Can a right to claim damages be extinguished where steps in mitigation lead to additional profit?
- Assessing a claim for damages where events since the breach have changed the financial position
Speakers:
- Caroline Hunter-Yeats
- Thomas Marsh
Smart contracts
In this webinar we looked at:
- What smart contracts are, how they work and the issues that commonly arise;
- The litigation risks associated with coding errors, hacking, and arguments as to whether the contract reflects the parties' intentions
- Issues relating to jurisdiction and identifying anonymous contracting parties
- Current proposals for how English law should be applied to smart contracts
Speakers:
- Douglas Robinson
- Devina Shah
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