Commercial Contract Termination - A Practical Guide for Drafters and Litigators

Introduction

Ending a contract is crucial in terms of knowing when obligations end. It is also crucial for any contract to know what obligations and rights do not end and in what circumstances. The ability to draft or analyse contracts to ascertain the answers to these questions (and to know how to impose your will over that of the other side) is a crucial plank of any contract negotiation and often in contract litigation.

This Learn Live course analyses all these questions and gives guidance as to how to terminate when clauses do not allow you to do so - and how to draft clauses that do allow for termination and what should be drafted to achieve this.

This virtual classroom seminar will provide a summary of common law governing contractual and non-contractual termination of commercial relationships, the mechanisms for doing so and the consequences of terminating, including what clauses survive and what should survive.

These principles will be illustrated with up-to-date case law.

What You Will Learn

This live and interactive course will cover the following:

• The End of a Contract - the 9 different ways a contract can end
• Termination of a contract at common law:
• Termination for breach
• Termination for convenience on reasonable notice
• Termination of a contract under contract terms:
• Definition of ‘Term’
• How to terminate: the 7 crucial steps
• Purpose of a termination clause and the 3 segments it should cover
• Drafting for Expiry of a contract (as opposed to termination)
• Termination:
• Reasons for termination: breach (including drafting examples and caselaw)
• Reasons for termination: many other reasons (including drafting examples and caselaw)
• Consequences of termination (including drafting examples)
• Survival (including drafting examples)
• How to lose a right to terminate and how to avoid this

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.