Contract & Commercial Law Update 2025 for Contract Drafters & In-House Counsel

Introduction

This course sets out the latest 2023-2024 caselaw developments with a lively interactive approach for delegates involved in drafting, reviewing or litigating contracts.

What You Will Learn

This course will cover the following:

• Formation - subject to contact; purchase orders and frame agreements
• Interpretation - how to deal with contingencies and ambiguities, precedence clauses
• Good faith and discretion - rowing back from Bates v Post Office - new cases on termination and Braganza discretion
• Guarantees and indemnities - primary and secondary guarantees distinguished. Conclusive evidence of triggers for indemnities. Using indemnities in SPAs
• Obligations - more concerns about innominate terms from the Court of Appeal; implying terms. Clauses that are void for ambiguity
• Breach of contract and damages - material breach guidance compared with repudiatory breach; cure periods; avoiding wrongful termination
• Other remedies - liquidated damages or penalty clauses; quantum meruit and declaratory relief
• Limitation of liability - latest guidance from the Court of Appeal for suppliers; deliberate breach and gross negligence limitation clauses examined
• Boilerplates - assignment, confidentiality; progress with Hague Convention in law and jurisdiction clauses
• Commercial law update: data protection, consumer rights, AI, competition and IPR