Commercial Contract Drafting - How to Manage New Risks in 2024

Introduction

2023 brought many developments and changes to the commercial and legal operating environment. Commercial contracts which are intended to operate within that commercial and legal environment need to be changed to operate properly and to manage new risks and situations properly. New cases have updated our understanding of various areas.

This virtual classroom seminar will cover what those changes are and what practical drafting changes should be made to commercial contracts as a result.

What You Will Learn

This live and interactive course will cover the following:

• Forming contracts
Things to say and not to say so as not to be unintentionally bound
• Good faith
• Express clauses importing obligations of good faith
• Implications of good faith
• Scope of good faith by the back door
• Exclusion and limitation of liability clauses
• How to draft so as to take account of the 2017 post Brexit approach - and what has happened since then in 2023-4
• Implied terms
• How to draft so as to take account of the 2015 M&S revision - and what has happened since then in 2023-4
• Unexpected events
• Things to watch out for in drafting due to unexpected events
• Termination
• Changes in our understanding of termination - and how to draft
• A miscellany of lesser drafting points we have learnt from cases in 2023-2024