Contract Law Round Up - Hot Topics with Helen Swaffield

Introduction

Suitable for commercial practitioners and litigators alike, this in-person course is aimed at those who are familiar with a B2B contract but want to check the impact of the latest case law on your drafting or analysis of a cause of action.

The course will cover recent cases and connects them to changes that should be made to your drafting and contract management.

It includes boilerplates, remedies and termination and is suitable for those seeking to avoid disputes as well as those who litigate them and enter into settlement agreements.

Essential learning if you have not been updated recently.

What You Will Learn

This course will cover the following:

• Resolving disputes about price after Open Work v Forte
• Implied terms - a resurgence of the old ways after Wells v Devani
• Good faith - on or off after Al Nehayan v Ioannis Kent?
• Braganza duties - a winning claim against a refusal to exercise discretion favourably Alliance Group Ltd v The Royal Bank of Scotland Plc
• Warranties to win - remedies revisited if the drafting is clear, MT Hoogaarde v E.On
• Notice for convenience caps loss - a silent solution
• Force majeure drafting under the microscope Seadrill Ghana Operations Limited v Tullow Ghana Limited
• Brexit - frustrating or frustration? Canary Wharf (BP4) T1 Ltd & Ors v EMA
• Variation - tough talking from the Supreme Court in Alpha Rocks
• ‘Illegal’ indemnities - a bridge too far in enforcement
• Has UCTA all but disappeared in monitoring exclusion clauses after Persimmon Homes?
• Standard Terms after African Bank, see website for terms and conditions
• Termination goes horribly wrong again Phones 4U Ltd (in administration) v EE Ltd
• Material breach following endeavours clauses - really?
• Is it an LOI or MOU or a contract?
• ‘Subject to contract’ litigation towards an enforceable agreement
• Settlement Agreements - they think its all over but is it? Blackpool Football Club
• Liquidated damages after termination? GPP Big Field v Solar EPC Solutions
• Entire Agreement clause that fails Al-Hawasi v Nottingham Forest Football Club