This one day course considers those terms in contracts that commercial negotiators tend to think of as “legal” clauses. Commercial negotiators sometimes consider these clauses to be less important (or less interesting!) than the primary issues of price and performance, but they can be vital when assessing the party’s rights and obligations. Clauses of this kind are often negotiated by lawyers, but they ultimately raise important commercial issues of risk allocation and commercial responsibility.
In the morning we focus in detail on warranties, indemnities and limitations of liability. We consider why these terms are used, what they mean, how they are used, and associated drafting and practice issues
In the afternoon we examine a range of commonly encountered “boilerplate” clauses, including entire agreement, law and jurisdiction, and interpretation. We discuss whether the terms are useful and the legal and practice issues that they raise.
The course includes drafting exercises and a workshop on warranties.
Who is the course for?
The course is designed for experienced commercial lawyers and contract drafters who wish to supplement their knowledge of the legal and practice issues that arise when drafting and negotiating “legal” terms in contracts.
Please contact Mark Anderson for more information or to register your interest to attend this course.