Mastering Contract Law Disputes
Learn how to expertly traverse a contract dispute, firstly by understanding how to use all the tools and techniques at your disposal to keep a contractual relationship alive and secondly, how to best manage the process when a contractual relationship is broken. Attend and gain a deeper understanding on how to effectively manage a dispute, contract variation by conduct, the contract cancellation framework, and debt recovery or insolvency from breach.
Description
Attend and earn 4 CPD hours
Chair: Laura O’Gorman, Barrister, Bankside Chambers
9.00am to 10.00am: Managing a Dispute: How to Keep a Contractual Relationship Alive
It is common for a contract dispute to arise in circumstances where the parties wish to continue their on-going relationship in the future. A dispute does not have to mean the end of the relationship. However, in these situations it is important to properly manage the dispute to optimise both the outcome and the ongoing relationship.
In this session you will look at:
- Obligations to negotiate in good faith, what this means and can it work?
- Communication protocols for the dispute and for the on-going working relationship
- The benefits (and pitfalls) of alternative dispute resolution
Presented by Alicia Murray, Partner, DLA Piper
10.05am to 11.05am: Contract Variation by Conduct and Waiver of Rights
- What are the legal requirements for an effective variation?
- How are contractual rights waived by conduct and what are the implications?
- The effect of contractual clauses purporting to limit variation rights
- How does variation affect third parties?
Presented by Tim Herbert, Barrister, High St Chambers
11.05am to 11.15am: Break
11.20am to 12.20pm: Navigating Contract Termination, Force Majeure Clauses and Unwind for Frustration
This session will provide an overview and update on the contract cancellation framework, as well as discussing the impact of COVID-19 on contracts through force majeure clauses, the doctrine of frustration and sections 60 to 69 CCLA.
- Overview of cancellation rights under the Contract and Commercial Law Act 2017
- The doctrine of contractual frustration: impact of COVID-19 and impossibility of performance
- Force majeure clauses: interpretation of the clause itself, suspension of performance versus cancellation, and availability of other remedies
Presented by Ben Russell, Partner, Lane Neave
12.20pm to 1.20pm: Breach of Contract: Managing a Debt Recovery or Insolvency
Examine the processes, key issues and potential risks that you need to be aware of when dealing with an insolvency or debt recovery resulting from a breach of contract.
Presented by Jonathan Schwarcz, Senior Associate, and Michael Smol, Senior Solicitor, Buddle Findlay
Learning Objectives:
- Learn practical skill on how to develop strong contractual and professional relationships to survive a contractual dispute.
- Gain a deeper understanding of how rights are waived and how contracts can be varied by conduct.
- Learn how contract termination, frustration and Force Majeure clauses are used to end a contractual relationship and their consequences.
- Receive practical guidance on the debt recovery process and how to respond to insolvency resulting from a breach of contract.