Webinars by Practice Area
Contract Law Update
Recorded on: 25/10/2019
This webinar provides an overview of key developments and sets out a series of practical steps that practitioners should take in response to the issues discussed. Topics will include:
- can a contract be made orally, while standing in a bus shelter?
- can an extension to an earn out arrangement in a share purchase agreement bind the parties, or is it an agreement to agree?
- when will a heads of terms document be legally binding?
- how will the court apply the rules to determine whether a clause is a condition or an innominate term?
Exclusion and limitation clauses
- how will the court decide whether a contract is ‘written standard terms’ under s3 of UCTA 1977?
- how will the courts apply the reasonableness test?
- what is required for the courts to uphold a liquidated damages clause?
- does it matter what you call the clause – penalty or liquidated damages?
- in what circumstances will the courts be prepared to imply a duty of good faith into a contract?
- what is the meaning of ‘good faith’ in English law?
- can a term be implied so as to transform an incomplete bargain into a binding contract?
- what impact, if any, does Brexit have on frustration and force majeure?