Commercial Contract Disputes - From Termination to Litigation

Introduction

This new in-person course is aimed at commercial litigators and in-house counsel seeking to manage disputes before they escalate. Using case studies and workshops, practical options will be explored to enable successful commercial contract litigation.

What You Will Learn

This course will cover the following:

• Contract breach - analysing the obligations
• Repudiatory breach v material breach
• Active response and reservation of rights to prevent waiver
• Damages and measures of loss - new cases on LDs
• Defeating a limitation of liability clause
• Breach of warranty disputes
• Endeavours’ clauses and enforcement
• Termination - avoid or enforce?
• The wrongful termination counterclaim
• When is suspension of the service/goods a de facto termination?
• Late payment remedies
• Specific performance, rectification and declaration remedies
• Good faith and Braganza duties - when can they be used?