Drafting Commercial Contracts with Precision: A One Day Masterclass

Whether you are making, or breaking, a contract, commercial lawyers need to be well-versed on all aspects of the contractual process. This one day masterclass examines the key challenges involved in all stages of the commercial contract lifecycle – from drafting key terms, such as warranties and indemnities, to managing disputes when contractual relationships sour.

Drafting Commercial Contracts

• The Role of Indemnities, Guarantees and Warranties in Commercial Contracts - What is the difference between a liability and an indemnity? Do you need to include a warranty in every contract? This session provides a refresher of drafting indemnities, guarantees and warranties.

• Drafting Effective Exclusion Clauses in Commercial Agreements - Courts are reluctant to interpret exclusion clauses broadly, preferring to interpret narrowly where possible. Drafting wide exclusions must be carefully done and avoid ambiguity.

• Dodging the Traps of Unfair Contract Terms in Small Business Contracts - Under the unfair contract regime, any term found to be an unfair will be void and unenforceable. This session examines those terms likely to be considered unfair and explores the key drafting strategies you can use to avoid them.

Termination and Enforcement Issues in Commercial Contracts

• Interpreting Commercial Contracts - When the Parties Fail to See Eye to Eye - Parties typically don’t worry about how a contract will be interpreted - until the parties no longer see eye to eye. Understanding how the courts will interpret your client’s contract is key, especially when things go wrong.

• When the Music Stops: Drafting and Relying Upon Effective Termination Clauses - When a contract is breached, the non-defaulting party has a range of options available, including terminating the contract. However, the termination process can be fraught with litigation risk. It can ultimately hinge upon the reliance of a well-drafted termination clause. This session examines how to prepare effective termination clauses in your commercial agreements, as well as how to effectively exercise termination rights.

• Drafting Watertight Settlement Agreements - While a settlement agreement may be seen as just another contract, it comes with unique drafting quirks and challenges. This practical session explores a range of key issues relating to drafting settlement agreements.