Agenda

08:30

Registration and Morning Coffee

09:00

Developing Critical Tools for Executives who Authorise or Manage Contracts

  • Pre-contractual negotiations
  • Assessing intention and its relevance in contractual obligations
  • Evaluating capacity in contract and how it affects the validity of an agreement
  • How do we deal with risk?
  • Detailing the concepts of invitations to-treat, offers and acceptances

10:30

Morning Tea

11:00

Focusing on your Contract Strategy

  • Addressing your company’s interest in contractual terms
  • Understanding the key contract terms to focus upon interests
  • Unveiling the secrets to drafting terms which anticipate potential problems
  • Exploring the enforceability of exemption clauses – what have the courts decided?
  • How exemption clauses can disadvantage parties and exposing secrets for making the most of them
  • Vitiating factors in contracts

12:30

Networking Lunch 

13:30

Solutions for Resolving Contract Disputes and Issues

  • Clarifying roles and expectations
  • Amending contracts
  • Performance versus claim for damages
  • Causation of damages
  • Remedies – mitigations of damages
  • Termination clauses and things to consider before terminating
  • Alternative Dispute Resolution
  • Litigating in Common Law and Civil Law jurisdictions
  • Settlement provisions
  • Recognise optimal times to exert the power of the clauses in your contracts

15:00

Afternoon Tea 

15:30

Termination: What Happens When a Contract Goes Bad?

  • Exit clauses
    • No fault termination clauses
    • Force majeure clauses
    • Material adverse change clauses
  • Discharge of contract by operation of law:  Frustration / mistake
  • Termination versus variation 
  • Damages
    • Mitigation
    • Liquidated damages versus penalties

16:40

Summary of the Day

16:45

Questions and Answers

17:00

End of Workshop

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