Whilst some disputes are unavoidable, some are avoidable (because something unforeseen arises after the contract was entered into which either was not anticipated by a party to the contract, was not anticipated by the terms of the contract or both). Some are avoidable, in the sense that those who negotiated the terms of the contract should have anticipated the dispute.

Certain areas of commercial contracts are more commonly litigated than others and this training session aims to cover those areas so that senior managers and directors who negotiate commercial contracts (and who instruct lawyers to draft them) are aware of the traps that can lie in wait when things do not go according to plan:-

  • The Battle of the Forms
  • The Court’s approach to commercial contracts
  • Boiler plate/Standard terms
  • Time of performance
  • Frustration and force majeure
  • Exclusion and/or limitation of liability
  • Liquidated damaged/penalty clauses
  • Termination
  • Guarantees
  • Set off
  • Entire agreement clauses
  • Jurisdiction
  • Rectification

Suitable For: senior management and directors