To
Be Announced
ENGLISH LAW OF CONTRACT FOR CIVIL
LAW PRACTITIONERS
This 2 half-day workshop is
specially designed for Civil Code lawyers, legal advisors, and inhouse
counsel who would like to advance their knowledge of English Contract
Law and Common Law principles. The workshop is approved by Law Society
of England & Wales and would entitle participants to 6 hours of
CPD credit. There will be a limit of 20 participants
At the end of the day, participants will be better able to:
Understand the essential
elements of English Contract Law and establish the requirements for the
existence of a legally binding contract Consider the practical
application of important concepts in English
Contract Law, the knowledge of which is essential for an effective and
confident contractual negotiation with Anglo-American lawyers and/or
contracts
bound by Common Law principles Comprehend Remedies for
Breach of Contract, Frustration of contract,
Equitable remedies (e.g. Specific Performance, Injunction, Rescission,
and Rectification) and the calculation of damages under English Law Examine the fundamental elements of
civil liability in contract and
in tort which potentially affect all commercial relationshipProgramme
Day 1
Session
1: Contract Formation (80 Minutes)
The doctrine of Consideration as an essential element in the formation of a “simple” contract; Compare contracts “by deed” and their advantages in some cases; Representations, warranties, conditions: how they differ; Meanings and use of Guarantees: compare guarantees and indemnities; Negotiations and correspondence “subject to contract”; Legal status of Heads of Agreement, Comfort Letter; Offer and acceptance: time for acceptance; Negotiating in “good faith”; At what point is a binding agreement reached?; Agency, Powers of Attorney, Proxies: meanings, differences, uses
Session 2: Remedies (80 Minutes)
Under Common Law: damages: meaning and purpose of “damages”; Evidence of loss: foreseeability: duty to “mitigate”; Liquidated damages and “penalties”: test of enforceability; Availability of Claims for “Quantum Meruit”; Equitable (discretionary) remedies for breach: Specific Performance, Injunction, Rescission, and Rectification; Frustration of contract; Inadmissibility of dispute / settlement correspondence “without prejudice”
The doctrine of Consideration as an essential element in the formation of a “simple” contract; Compare contracts “by deed” and their advantages in some cases; Representations, warranties, conditions: how they differ; Meanings and use of Guarantees: compare guarantees and indemnities; Negotiations and correspondence “subject to contract”; Legal status of Heads of Agreement, Comfort Letter; Offer and acceptance: time for acceptance; Negotiating in “good faith”; At what point is a binding agreement reached?; Agency, Powers of Attorney, Proxies: meanings, differences, uses
Session 2: Remedies (80 Minutes)
Under Common Law: damages: meaning and purpose of “damages”; Evidence of loss: foreseeability: duty to “mitigate”; Liquidated damages and “penalties”: test of enforceability; Availability of Claims for “Quantum Meruit”; Equitable (discretionary) remedies for breach: Specific Performance, Injunction, Rescission, and Rectification; Frustration of contract; Inadmissibility of dispute / settlement correspondence “without prejudice”
Day 2
Session 3: Contract Terms (80
Minutes)
Meaning of “time to be of the essence of the contract”, Entire Agreement, No Waiver, Exclusion clauses, Assignment, Severance, Indemnity, Rights of Third Parties; Reading and changing the wording and word order as appropriate in lengthy, ambiguous or otherwise unsatisfactory clauses
Session 4: Civil Liability (80 Minutes)
Bases of liability in Contract and Tort; Negligence and Breach of Statutory Duty; Joint and several liability; The criteria for vicarious liability; Contributory negligence; Evidence; The burden of proof and the standard of proof
Meaning of “time to be of the essence of the contract”, Entire Agreement, No Waiver, Exclusion clauses, Assignment, Severance, Indemnity, Rights of Third Parties; Reading and changing the wording and word order as appropriate in lengthy, ambiguous or otherwise unsatisfactory clauses
Session 4: Civil Liability (80 Minutes)
Bases of liability in Contract and Tort; Negligence and Breach of Statutory Duty; Joint and several liability; The criteria for vicarious liability; Contributory negligence; Evidence; The burden of proof and the standard of proof
Location
To
Be Announced
Cost
To
Be Announced
Registration Form