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Recorded Webinars

Recorded Webinar: Pre-Contractual Representations: When Can They Come Back to Bite?

What was said during the negotiations leading up to an agreement can have a major impact on the expectations of each party. Where a pre-contractual representation turns out to be false, the implications for the contract can be significant. The other party may have a right to resc
PRESENTED BY Dr Anton Hughes Barrister - Maurice Byers Chambers , Sydney

Date/Time

About the Webinar

What was said during the negotiations leading up to an agreement can have a major impact on the expectations of each party. Where a pre-contractual representation turns out to be false, the implications for the contract can be significant. The other party may have a right to rescind, or to claim damages. This session will provide practical guidance on how to avoid the pitfalls of pre-contractual representations, including:

  • What is a pre-contractual representation? Understanding the various types:

  • Innocent misrepresentation

  • Negligent or fraudulent misrepresentation

  • Representation amounting to misleading or deceptive conduct

  • The legal effect of pre-contractual representations

  • When pre-contractual representations affect the risk management of contracts

  • Managing the risk of pre-contractual representations - the role of exclusion clauses, entire agreement clauses, non-reliance statements and other contractual protections

  • Case study: Estoppel by pre-contractual representation

  • Case study: Misrepresentation amounting to an unconscionability claim

Presented By

Dr Anton Hughes
Barrister, Maurice Byers Chambers Sydney, NSW

After graduating with a Bachelor of Engineering in Computer Systems in 1996, Anton worked as a programmer at a publicly listed telecommunications company, and in the mobile communications division of NEC Australia, before setting up his own consulting firm, developing web-based remote access solutions for educational institutions.

Anton graduated with a Bachelor of Laws with Honours in 2004. Having developed an interest in intellectual property over the course of his studies, he enrolled in a PhD, researching the patentability of software. He was awarded his PhD in 2012.

He worked as Associate to Justice Porter of the Supreme Court of Tasmania from 2009 to 2011. He then worked for Legal Aid in Hobart and Sydney, in order to work on his advocacy skills.

Anton was admitted as a lawyer in 2009, and called to the bar in 2013. One of his earliest cases involved appearing for the Commissioner in Research Affiliates v Commissioner of Patents, which remains one of the leading cases on the patentability of alleged inventions in Australia. He has appeared and advised in relation to a number of patent cases since. Most recently, he provided intellectual property advice to the Applicant in the matter of Epic Games v Apple & Google, which is currently being heard by the Federal Court of Australia.

Who Should Attend?

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

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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