Course overview
Many international commercial agreements are subject to English law and often non-UK lawyers are faced with unfamiliar legal concepts and requirements. To overcome these hurdles and to help lawyers become truly international, Euromoney Legal Training has created this practical and interactive training course.
Regularly updated, the course aims to provide you with the principle elements of English law and in particular the main provisions of English contract law. It is highly participative with several practical case studies and workshops throughout the three days.
How this course will help you:
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Negotiation and formation of a contract
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Drafting contracts under English law
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Variation, waiver and Estoppel
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Termination of a contract and remedies for breach of contract
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Equity and trusts
- Applicable law
Who should attend:
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In-house lawyers in financial institutions
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Bankers concerned with the negotiation of loans
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Bank executives involved in the documentation of loans
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Lawyers in private practice who advise clients on loan agreements
- Corporate counsel
Day 1
The common law: nature and methodology
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What is the ‘common law’?
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The role of judge-made law
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The authority of case-law
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Consensual and non-consensual liabilities
Workshop 1: Analysing a common law case
Participants analyse a law report, consider the basis of the judgement and evaluate its significance for the future.
Formation of contract (1)
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Agreement
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Offer
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Acceptance
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Termination of offer
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Special cases
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Form
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General rule
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Statutory exceptions
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Deeds
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Consideration
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Adequacy
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Past consideration
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From the promisee
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Value
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Special cases
Formation of contract (2)
Workshop 2: Formation of contract
Participants consider the course of realworld negotiations and apply the common law’s approach to the formation of contract.
Formation of contract (3)
Workshop 3: The nature of precontractual documents
Participants study the wording and effect of pre-contractual documents
Pre-contractual undertakings
Workshop 4: Negotiating and drafting pre-contractual undertakings
Participants take the roles of parties to a transaction where the party seeking a facility is asked to provide a corporate undertaking.
Day 2
The contents of the contract (1)
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Express terms
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Common terms
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Representations
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Warranties
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Undertakings
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Conditions
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Implied terms
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Terms implied ‘in fact’
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Terms implied in law
The contents of the contract (2)
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Standard terms
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Exemption clauses
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Legislative limitations on standard terms
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Other standard terms
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UNIDROIT Principles of International Commercial Contracts, 1994
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The Principles of European Contract Law, 1998
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Parties
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Privity of contract and its exceptions
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The Contracts (Rights of Third Parties) Act 1999
Workshop 5: Construction of contract terms
Participants consider the court’s interpretation and application of contractual terms in contracts of insurance and shipbuilding.
Drafting contracts under English law (1)
Drafting contracts under English law (2)
Workshop 7: Drafting Force Majeure clauses
Participants draft a clause that will avoid the application of the common law doctine of frustration.
Day 3
Transfer and variation
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Assignment
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At law
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In equity
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Statutory assignments
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Novation
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Variation
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Rescission
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Waiver
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Other variation
Workshop 8: Variation and discharge
Participants consider a case study regarding variation and discharge of contract by the terms of the payment instrument.
Termination of contract
Workshop 9: Damages in contract
Participants consider a real-life scenario and determine how damages should be assessed.
Equity and trusts
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The equitable jurisdiction
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Trusts: Their use and structure
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Legal and beneficial interests
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Intention to create a trust
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Identifying trust property
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Duties of trustees
Applicable law
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Alan Ward is a Fellow of the School of Law at the University of Essex, and also lectures at other European Universities. Specialising in international trade and banking, he has also developed an extensive professional training and consultancy practice in these areas.
An originator of successful Euromoney courses in international financial law, he has trained bankers, lawyers and corporates in North and South America, South East Asia and the Middle East.
He has written for the Journal of International Banking Law and the Business Law Review in addition to editing a practitioner's text on international trade finance.
He has acted as a consultant to international banks in London, Sweden and Germany and is a member of the ICC United Kingdom National Committee.
Courses run by this instructor
Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.
11-15 Nov 2013 (Cape Town, South Africa)
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whilst not working directly in functions requiring a
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10-11 Dec 2013 (London, United Kingdom)
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Euromoney’s Summer School has developed an enviable reputation as the premier international financial law event on the training calendar.
This residential school offers an unequalled opportunity for lawyers from around the world to learn the principles and practice of international financial law from expert practitioners.
Over two weeks, the Summer School will cover a substantial range of topics, including international borrowing and lending, capital markets, new financial instruments and techniques, trade and project related financing, and securitisation.
Moreover, the Summer School has a strong practical orientation; it provides guidance and advice on how to identify, approach and solve the legal problems posed by international financial transactions.
Case studies and workshops provide opportunities for participants to study actual transactions and become involved in documentation and negotiation exercises.
1-4 Jul 2013 (London, United Kingdom)
Many international commercial agreements are subject to English law. Often non-UK lawyers are faced with unfamiliar legal concepts and requirements. To overcome these hurdles and help lawyers become truly international, Euromoney Legal Training has created this practical and interactive training course.
1-5 Jul 2013 (London, United Kingdom)
At this school Dr Ken Mildwaters, an acknowledged international expert with a wealth of experience in helping clients to formulate successful and effective business partnerships, will discuss with participants why parties come together in a cooperative endeavour to undertake a phase of a project, the legal forms they might use in so doing, the relationships created by the forms and the principle legal and commercial issues that affect those relationships.
11-12 Sep 2013 (London, United Kingdom)
This Euromoney Legal Training course reviews specific issues that typically arise when you negotiate or enforce a commercial contract. We look at representations and warranties, indemnities, clauses to limit liability, clauses to manage delay or default in performance, and clauses needed in international agreements.
9-10 Sep 2013 (London, United Kingdom)
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7-8 Oct 2013 (London, United Kingdom)
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24-25 Jun 2013 (London, United Kingdom)
During this training course you will have the opportunity to critically analyse different legal department structures, models and objectives to enable you to determine what is best for your organisation.
You will explore the evolving complex responsibilities of an in-house legal department and the importance of good people management and learn how to develop and implement a balanced and flexible remit which will enable you to respond rapidly to ever changing business demands while adding demonstrable value to the business.
24-25 Jun 2013 (London, United Kingdom)
26-27 Sep 2013 (London, United Kingdom)
An Essential and Practical guide for In-house Lawyers, Company Secretaries and Compliance Officers
23-24 Sep 2013 (London, UK)
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