Dealing with Imperfect, Risky or Complex Contracts
Issues covered include: heads of agreement, pre-contractual representation, liability, contract trisks, indemnities, contract breach, contract remedies, mitigation, dispute resolution clauses, technology contracts, hackers
Description
Expertise in contract drafting is crucial in almost any commercial matter or transaction. This practical webinar will enable you to gain a mastery of some of the most important, and at times overlooked, contract types, techniques and drafting tools. Whether using a clause as a shield or a sword, our contracts specialists will focus on the most important contract clauses and what causes the most problems.
Attend and earn 3 CPD hours
This seminar was recorded in Auckland on 20 September 2019
Facilitator: Chris Linton, Consultant, Duncan Cotterill
9.15am to 9.50am: Heads of Agreement and Pre-Contractual Representations: Problems and Practical Issues
- The imperfect genesis of your everyday commercial deal
- Giving substance to the handshake: how to craft a functioning heads of agreement
- When and how can pre-contractual negotiations be taken into account when interpreting a contract?
- Legislation and evolving case law
Presented by Penny Bower, Senior Legal Counsel, Oji Fibre Solutions
9.55am to 10.30am: The Interplay Between Risk, Liability, Limitation of Liability and Indemnities
- Risk: How best to manage and allocate risk?
- Indemnities: Risky or beneficial?
- What role does insurance play?
- Limitations: What to limit, when and how?
- How to draft (or redraft) all of this in a way that works
Presented by Anton Trixl, Partner, Anderson Lloyd
10.35am to 11.10am: What to do when the Contract has Been Breached: Options, Remedies and Mitigation
- When the right to terminate arises
- How to avoid unintentional affirmation
- The right to seek damages while continuing to perform
- The duty to mitigate
Presented by Anita Birkinshaw, Special Counsel and Bridgette White, Senior Associate, Buddle Findlay
11.15am to 11.50am: Working with Dispute Resolution Clauses in Contracts
Join Jo-Anne as she examines dispute resolution clauses and how they can be effectively drafted and utilised in a contract
Presented by Jo-Anne Knight, Partner, Simpson Grierson
11.55am to 12.30pm: Technology Contracts: Key Issues to Consider
- Buzz word bingo: what they really mean
- Trying to draft for agile development
- Roles and responsibilities: patching, updates, & keeping ahead of hackers
- Calculating service levels, uptime & availability
Presented by Louise Rooney, Legal Counsel, Paymark
Learning Objectives
- Examine practical issues in Head of Agreement and pre-contract representations
- Gain a deeper understanding on how to effectively allocate risks in contracts
- Develop skills to remedy or mitigate a breach of contract
- Understand how to effectively draft and use dispute resolution clauses
- Take a deep dive into drafting technology contracts