Since English law is chosen to govern so many international contracts, non-lawyers and those qualified in other legal systems must often deal with unfamiliar legal concepts.
In response, Euromoney Legal Training has created this practical and essential introduction to English contract law. Regularly updated to include the latest developments, the course covers the main provisions of English contract law.
For those who learned their English contract law a while ago, the course provides a structured and practical refresher. For newcomers to English contract law, it offers a concentrated but accessible introduction.
If you are not an English lawyer, but work with English-law contracts, this is a course you cannot afford to miss.
Essential topics covered:
- The formation of contracts under English law
- Contract interpretation
- Changing the terms or parties to an existing contract
- Remedies for breach of contract
- Termination
- (Optional) Advanced day focusing on specific clauses
Day 1
Sources of English contract law
We review the origins of English contract law in cases and statutes. Topics covered include:
- Where to find today’s law
- The rules of precedent
- How courts can still make new law today
- How to look up cases and legislation on the internet
Making the contract
- Pre-contract documents
- Negotiations “subject to contract”
- Making the contract
- Standard terms and the “battle of the forms”
- Formal requirements
Pre-contract agreements
- Letter of comfort
- Memorandum of understanding
- Letter of intent
- Authority to proceed
- Side agreement
Case study
We apply the principles covered today in a case study illustrating the contractual position at various stages of negotiations, and the effect of starting work before a formal contract is signed or fully agreed.
Day 2 -
Duties during negotiations
- Good faith
- Disclosure
- Confidentiality
- Lock-in / lock-out clauses
- Economic duress
- Misrepresentation
In a case study, we look at remedies for pre-contract misrepresentation
Contract interpretation
We review the latest law on contract interpretation, including
- The modern approach
- Business sense
- Rules and maxims of interpretation (eiusdem generis,contra proferentem, expressio unius)
- Top tips for avoiding ambiguity in contract drafting.
Implied terms
Again, we review the modern approach to finding implied terms, including
- Terms implied as obvious or necessary
- Making business sense of the agreement
- Statutory implied terms
- The effect of attempts to exclude implied terms
Changing the contract
We look at ways to change a contract after it is executed, including
- Correcting mistakes
- Changing the parties
Changing the terms.
Day 3
Remedies for breach
- Enforcing performance
- Damages
- Liquidated damages and penalties
- Interest
- Set-off
Termination
We review the law and the practical options for a party faced with delay or default in performance, including rights under a termination clause. Delegates then apply this knowledge in a case study.
Dealing with delay
We review methods used to manage problems arising from delay, including
- Liquidated damages
- Force majeure
- Making time of the essence.
In a case study, we review the options open to a party seeking to enforce the time limits in a contract.
Practical exercise
We review and apply the principles covered in this course, in a case study or game.
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This course instructor has practised for 12 years as a barrister specializing in general commercial litigation until 1997, when Chambers & Partners ranked her in the top 11 juniors for commercial work in London. She then supported litigators at Denton Wilde Sapte for another 12 years with training, current awareness, know how and precedents.
Experienced in plain language legal drafting and editing, she is quoted in the Law Society's textbook "Clarity for Lawyers" and is a committee member of Clarity, the international association for plain language in the law. As Denton Wilde Sapte's plain language co-ordinator, for 3 years she supported their plain language service, liaising with other lawyers across the firm and with non-lawyers in training, business development and IT.
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)
This highly interactive and practical course covers a wide range of topics including international lending, derivatives and project financing in five intensive days.
11-13 Nov 2013 (London, United Kingdom)
This intensive three-day Euromoney Legal Training course is ideal for lawyers and others, who,
whilst not working directly in functions requiring a
detailed knowledge of finance, need to be familiar
with the overall concepts and language used in
financial analysis, credit transactions and other
corporate finance activities.
17-18 Jun 2013 (Limassol, Cyprus)
This two-day intensive Euromoney Legal Training course will cover all aspects of security documentation focusing on the anatomy of the security document itself and the legal ramifications of an incorrectly drafted document.
11-12 Jun 2013 (London, United Kingdom)
10-11 Dec 2013 (London, United Kingdom)
This 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.
18-31 Aug 2013 (Oxford, United Kingdom)
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)
This highly interactive Euromoney Legal Training course is designed to give today's lawyer the drafting and writing techniques needed to operate effectively in today's competitive markets. It examines in detail competent writing in all forms of business communication and at all stages of drafting, negotiating and enforcing contracts.
7-8 Oct 2013 (London, United Kingdom)
A practical & legal guide to tackling financial crime for companies and global financial institutions
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
16-18 Jun 2013 (Manama, Bahrain)
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.
23-24 Sep 2013 (London, UK)