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Recorded Webinars

Recorded Webinar: Contractual Risk Allocation Tools: Drafting Guarantees and Indemnities

Accepting liability, even of a limited nature, under a contract brings with it potentially onerous consequences and, as a result, precise and thorough drafting of such clauses is essential. This session provides a deep-dive into the drafting of guarantees and indemnities and asso

Date/Time

About the Webinar

Accepting liability, even of a limited nature, under a contract brings with it potentially onerous consequences and, as a result, precise and thorough drafting of such clauses is essential. This session provides a deep-dive into the drafting of guarantees and indemnities and associated guidance practitioners need to provide their clients, including:

  • Guarantees and indemnities as risk allocation tools
  • The characteristics of a guarantee and appropriate circumstances to provide one
  • Essential features of a guarantee, including:
  • default trigger and process
  • guarantor’s obligations
  • Legal requirements for enforceable guarantees
  • Lessons from litigation
  • When to include an indemnity in a contract – assessing potential loss or damage and risk allocation
  • Key indemnity drafting considerations including:
  • types of indemnities
  • nature and extent of potential loss
  • mitigation obligations
  • the availability of common law remedies
  • the impact of insurance
  • Negotiating indemnities and relationship management
  • Relevant cases and examples

Presented By

Alicia Hill
Principal - Accredited Commercial Litigation Specialist, MST Lawyers Melbourne, Vic.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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