Combatting Contractual Disillusionment & Disputes

Introduction

Business parties do not normally have to worry about being misled into agreeing a binding contract.

Organisations do not usually anticipate breaking their arrangements, nor expecting the counterparty to do so. Both sides begin to perform the contract thinking that they know what is required of them.

During the performance of a business contract one or more parties may find that ‘the deal’ is not what they thought they had agreed, or they will complain that the other party has not performed it in the way expected or has stopped co-operation.

All of these situations and misunderstandings can quickly escalate into a dispute. The question then becomes how best the problem can be resolved, whether quickly by negotiation or mediation or through protracted litigation.

How does a dispute lawyer achieve the resolution of their client’s contractual disillusionment?

What You Will Learn

This webinar will consider only cases decided in 2024 illustrating answers to these questions:

• Formation, misrepresentation and estoppel - without a valid contract, how can a party’s interests be protected?
• Performance - how easy is it to show breach, and whose evidence will do that?
• Remedies - what can you get for your client if you prove the other side is in the wrong?
• Avoidance - when can the doctrine of force majeure be invoked?

This webinar was recorded on 23rd October 2024

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