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
Also includes and optional fourth day focusing on specific clauses
Day 1 - Sunday 13th May 2012
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 - Monday 14th May 2012
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 - Tuesday 15th May 2012
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.
Day 4 - Wednesday 16th May (Optional)
Terms you need in international agreements
We look at common questions and pitfalls in clauses commonly found in international agreements, including
- Governing law
- Jurisdiction
- Service of process
- International arbitration
Warranties and representations
- What is a warranty?
- How do warranties differ from representations?
- Comparison of remedies for misrepresentation and breach of warranty
- Disclaimers and entire agreement clauses
Limiting liability
- Limitation of liability
- Exclusion clauses
- Excluding liability for indirect and consequential loss
- Excluding liability for gross negligence and deliberate fault.
- Interaction between limitation clauses and other terms (price, liquidated damages, interest, indemnity).
Each delegate will be given a limitation of liability clause and asked to review it. The group will then discuss the issues arising.
Indemnities
These clauses are complex, varied and often poorly drafted. We review the law affecting these clauses and their interpretation, including
- Why take an indemnity?
- How do indemnities differ from other claims?
- How do limitation clauses affect an indemnity?
- Indemnities against claims
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Daphne Perry
Daphne practised for 12 years as a barrister specialising 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, knowhow 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. For more information see her website, www.clarifynow.co.uk.
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.
17-18 Oct 2012 (Dubai, United Arab Emirates)
This course focuses on the key legal, commercial
and financial aspects of setting up international joint
ventures and alliances.
22-24 Oct 2012 (London, United Kingdom)
22-23 Oct 2012 (London, United Kingdom)
The Essential Guide to Secured Lending Transactions
12-14 Nov 2012 (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.
13-14 Dec 2012 (London, United Kingdom)
This Euromoney Legal Training course is designed to consolidate upon our popular contract law or drafting and negotiating
courses although all courses stand alone. The course is very interactive and will consist of a series of lectures, workshops and discussions.
30 May 2012 - 1 Jun 2012 (Paris, France)
** NEW DATES - 30th May to 1st June 2012 **
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.
26 Aug 2012 - 7 Sep 2012 (Oxford, United Kingdom)
**Early Bird Offer Extended - Book before May 28th to save 10% - More than £700**
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.
9-12 Jul 2012 (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.
9-13 Jul 2012 (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.
10-11 Sep 2012 (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.
6-7 Sep 2012 (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.
26-27 Sep 2012 (London, United Kingdom)
By attending Euromoney Legal Training’s newly designed Renewable Energy Project Agreements course, you will understand the important legal issues and other critical aspects involved when structuring and documenting a typical RE Project.
8-9 Oct 2012 (London, United Kingdom)
A practical & legal guide to tackling financial crime for companies and global financial institutions
15-17 Jul 2012 (Dubai, United Arab Emirates)
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.
23-24 May 2012 (London - Conference & Workshop)
23-24 May 2012 (London - Conference Only)
24 May 2012 (London - Workshop only)
Ensuring your business is fully up to date on the latest legal and regulatory developments for complex and non-complex UCITS.
28-29 Jun 2012 (London, United Kingdom)
6-7 Dec 2012 (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.
26-27 Sep 2012 (London, UK)
This course has now expired please email us to find out when the course will next be running.