Presented by
Falconbury

Current Contract Law and Practice

This programme will help a legal and contracts team avoid potential contractual liability and give an update on the recent developments and cutting-edge issues in commercial and company law.

Find out more

  • Format: Bespoke training
  • CPD: 6 hours for your records (depending on your requirements)
  • Certificate of completion

Course Overview

Keeping your legal and contracts team up-to-date with developments and trends in contract law is essential to ensure that they do not expose their organisation or clients to unnecessary risk. However, it is often difficult to schedule the time out of the office in order to maintain their knowledge in this key area.

This In-house programme offers up-to-date practical advice on contract law in just one intensive day. By the end of the training, the team will have an excellent overview of the latest developments relevant to a wide range of contracts. Including drafting tactics and practical suggestions to make sure that contracts drafted are enforceable according to latest case law.

Benefits of this programme

Running this intensive training programme in-house will help the team:

  • Understand the implications of recent case law for your organisation’s contracts
  • Deal successfully with damages to avoid unnecessary costly disputes
  • Gain tips and techniques to successfully resolve commercial disputes
  • Become familiar with new developments in competition law
  • Understand the implications of Rome I and Rome II
  • Master the use and effect of IP-related clauses

Programme

Drafting a contract: problems and solutions
  • The Judge’s approach to construing what we thought we had made clear
  • The cases both recent and classic: the court’s approach as it is today
  • The context in which the contract was drafted: how we can establish our client’s position
  • The rules of construction generally – any contract must be construed in context
  • Rectification/Extrinsic evidence and when it will be admitted
  • Construing oral agreement and its interpretation
  • The meaning of some specific words or phrases
  • Choice of law and forum: some issues
  • Arbitration clauses: where to use them, for what purposes and how: the litigator’s advice to the draftsman
Recent developments in damages and breach of contract
  • Overview
  • Recent significant cases, including Supershield Ltd v Siemens Building Technologies FE Ltd (2010)
  • Excluding loss of profit etc.
  • Issues to consider when evaluating a damage claim
  • How to frame the claim
  • Principles restricting damages – restated in Transfield v Mercator
  • Consequential losses – what does it mean and the effect the of exclusion clauses
  • Consequential and direct damages
  • Warranties and indemnities
  • Termination
Dealing with IP and software in contracts
  • Defining IP in the contract
  • Assignment
  • Software and IP licenses – software licensing: permissions and restrictions
  • Open source licensing
  • Agile and interactive software
  • Permissive or academic licensing
  • Warranties, representations and undertakings
  • Indemnities – different perceptions
  • International concerns
The use of exclusion and limitation of liability clauses
  • An update and recent developments
  • The role of the Misrepresentation Act and UCTA
  • Drafting exclusions and limitations
  • The difference between liability and exclusion clauses
  • Examples of typical issues
  • Items which cannot be excluded
  • Liquidated damages
  • Gross negligence – a concept?
  • Entire Agreement clauses – deserving of particular care
  • Best/reasonable endeavors
  • Evading liability caps
  • The impact on indemnities
Latest developments in competition law and commercial contracts
  • Key competition law risks and pitfalls
  • Overview of recent developments – a breakdown of recent law and guidelines
  • Horizontal cooperation – new EU regime and typical agreements on which it will impact
  • Potential issues explained
  • Examples joint purchasing and joint production agreements
  • Vertical restraints and their scope
  • Enforcement – both public and private
  • Compliance – recent examples
  • OFT’s current priorities and practices
  • Co-operating with competitors

Termination disputes

When a contractual relationship breaks down, disputes will usually concern:
  • The legal platform for termination – under the contract or by its repudiation?
  • Accepting repudiatory conduct…
  • …or electing to affirm the contract…
  • …without losing the right to terminate it
  • Is there a termination provision?
  • Do the provable facts fit it?
  • Has it been exercised correctly
  • Are there other grounds for termination?
  • Has a right to terminate been cost?
  • Has the contract been affirmed after repudiatory action?
  • Typical termination clauses
  • Allowing an expired contract to continue
  • Arguing material breach can be excused by uncertainty
  • What practical guidance can be given

Amanda Brock

More details

We don't have any currently scheduled dates for this course but we can customise it to your requirements and deliver it on an in-house basis for any number of your staff or colleagues.

See below or contact us to discuss your requirements.

UK

  • A&L Goodbody
  • Abacus Lighting Ltd
  • Accor Services
  • Aerosystems International Ltd
  • AET UK Ltd
  • Agusta Westlan
  • Amadeus Services Ltd
  • Ampy Metering Ltd
  • ARM Ltd
  • Aviva Healthcare
  • Aviva plc
  • Balfour Beatty Rail Projects
  • BBC
  • BMT Reliability Consultants Ltd
  • British Sky Broadcasting Ltd
  • Bull Information Systems Ltd
  • CACI Ltd
  • Calor Gas Ltd
  • Canon Europe Ltd
  • Capita Secure Information Systems Ltd
  • Cardiff University
  • CB&I UK Ltd
  • CEH
  • Celtic plc
  • Cemex
  • Certegy Card Services Ltd
  • Champneys Henlow Health Resort
  • Charles Russell Solicitors
  • CHC Scotia Ltd
  • Chevron
  • Chivas Brothers Ltd
  • Clyde Blowers Ltd
  • Computacenter (UK) Ltd
  • Conoco Phillips (UK) Ltd
  • Copart UK Ltd
  • Cormac T Cawley & Co
  • CQS (UK) LLP
  • Data Systems & Solutions
  • De Beers Group Services UK Ltd
  • Dell Computer Corporation Ltd
  • Diageo Plc
  • Dimension Data Networks Services Ltd
  • Doncasters Ltd
  • Ealing PCT
  • EMX Company Ltd
  • Enterprise Office
  • Ericsson Ltd
  • ESPEED INTERNATIONAL
  • EYGS LLP (Ernst & Young Global)
  • Gerald Eve
  • Harrods Ltd
  • Health Protection Agency
  • HIT Entertainment plc
  • Hospira UK Ltd
  • HR Wallingford Ltd
  • Huntsman Tioxide
  • IMG
  • Industrial Acoustics Co Ltd
  • Infinis Energy Services Ltd
  • Institute of Cancer Research
  • Intel
  • International Power plc
  • Ishida Europe
  • James Fisher & Sons plc
  • JD Weatherspoon
  • JP Morgan Chase
  • Kellogg Brown & Root Ltd
  • Kingfisher plc
  • Lebara UK
  • Leonard Cheshire Disability
  • London Underground Ltd
  • Maitland Walker Solicitors
  • Marex Financial Ltd
  • McKesson Information Solutions
  • Melrose Plc
  • Merlin Entertainments Group Ltd
  • Mewburn Ellis LLP
  • Moorcrofts LLP
  • Morgan Stanley
  • Napp Pharmaceutical Holdings Ltd
  • Northern Bank Ltd
  • NorthgateArinso UK Limited
  • Novartis Pharmaceuticals UK Ltd
  • Novellie, Verardi & Mitchell
  • Now Training Ltd
  • Office of Gas & Electricity Markets
  • Opodo Ltd
  • Payzone
  • PD Teesport
  • Pfizer Ltd
  • Rolls Royce Power Engineering Plc
  • Rolls-Royce
  • Rothamsted Research
  • RWE Dea UK Holdings Ltd
  • RWE npower PLC
  • SAP UK Ltd
  • Science Photo Library
  • Serena Software Europe Ltd
  • Shazam Entertainment Ltd
  • Slaughter & May Solicitors
  • Sopra Group
  • Strainstall UK Ltd
  • Sybase (UK) Ltd
  • Tata Steel
  • Telehouse International Corporation of Europe Ltd
  • Telewest Ltd
  • The Automobile Association ltd
  • The British Library
  • The Economist Group
  • The Premier League
  • The Royal Bank of Scotland
  • Thomson
  • TI Automotive Ltd
  • Total E & P UK
  • Total E&P UK Ltd
  • Treasury Solicitor
  • Unilever R&D
  • Unisys European Services Ltd
  • United Biscuits
  • Vetco Gray
  • Virgin Atlantic Airways Ltd
  • Vodafone
  • VolkerRail Ltd
  • Warner Chilcott
  • Warner Music International
  • Wood Group Engineering (North Sea) Ltd
  • WS Atkins Group
  • WSPCEL Ltd

France

  • IMERYS
  • Impress Services SAS
  • Saur
  • Vinci Environnement

Denmark

  • FLSmidth AS
  • Maersk Olie og Gas AS
  • Veloxis Pharmaceuticals AS

Ireland

  • KPMG
  • Pfizer Ltd

Luxembourg

  • Clearstream International SA
  • Newpel Group

Switzerland

  • P&O Ferries Ltd
  • Philip Morris International

Italy

  • Chiesi Farmaceutici S.p.A.

Kazakhstan

  • GSM Kazakhstan OJCS Kazakhtelecom

Netherlands

  • ING Investment Management

Poland

  • National Bank of Poland

Saudi Arabia

  • Saudi Aramco Total Refining & Petrochemical Company (SATORP)

United Arab Emirates

  • Telecommunications Regulatory Authority

Multiple colleagues?
Talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra BEER
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy