Drafting Commercial Contracts in an Economic Downturn – a recorded lunchtime online conference

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: Preparing Watertight Contracts in Uncertain Times

Hard times call for hard responses. Now is the time to review how your contract clauses are constructed and how they respond to these unusual times. This session looks at the key drafting considerations in preparing watertight contracts, including:

• Construction of key clauses in crisis times – an overview
• Force majeure clauses that address crisis contingencies
• Getting out of contracts in the COVID-19 era– a new chapter in the law of frustration?
• Contract enforceability issues during an economic crisis
• Ipso facto clauses and the right to terminate for insolvency
• Termination clauses – taking account of transition out requirements
• Case study - Can you bullet proof contracts to deal with pandemics and economic crises?

Session 2: Drafting Effective Exclusion Clauses During Unprecedented Times

Courts are reluctant to interpret exclusion clauses broadly, preferring to interpret narrowly where possible. Drafting wide exclusions must be carefully done to avoid ambiguity. How can exclusion clauses in commercial agreements be used for maximum impact in these uncertain times? This session looks at the key issues, including:

• Understanding the law applying to exclusion clauses
• Understanding what is being excluded – gauging the scope of exclusion
• How much liability can you limit?
• How much liability can you pass on to another party?
• Exclusion clauses and the operation of implied terms

Session 3: Shareholder Remedies – Practical and Procedural Responses to Times of Crisis

When things become difficult, strategy becomes paramount. This session looks at recent case law in shareholder remedies and how we either adapt or fail when it comes to managing corporate disputes. It includes:

• Overview of shareholder remedies
• Recent case studies
• Impact of COVID 19 on remedies (such as share valuation)
• Just and equitable ground for winding up