Contract Drafting: Eliminating Mistakes and Managing Risk 2017

  • 12 Sep 2017
  • Primus Hotel Sydney, Australia

Description

Topics
  • Latest Developments in Unfair Contracts
    • What is deemed unfair?
    • Small business and standard term contracts
    • How the Australian Consumer Law assists in protecting against unfair contract terms
    • Consequences of void terms in standard form contracts
    • Case studies and example clauses
  • Contract Formation: Letters of Intent, Heads of Agreement and Memoranda of Understanding
    • Elements required for a binding contract
    • Preliminary agreements
    • Tips for effective preparation of preliminary agreements
    • Masters v Cameron and the classes of preliminary agreements
    • Presented by Steven Blanch, Partner, Henry Davis York
    • Practical real world drafting examples
    • Contractual mechanisms to transfer risk
    • Shifting Liability and Risks: Indemnities, Liabilities, Exclusion Clauses and Consequential Loss
    • Clarity in the operation of exclusion clauses
    • Limits on the application of indemnity provisions
    • Consistent messages from the courts for contract drafters
    • Consequential loss and why you might exclude it
    • Example clauses: what you want, and don`t want, in your contract
  • What to do if, Despite all the Good Advice in this Seminar, the Contract Turns out to be Ambiguous?
    • Can the contract be rectified to eliminate the ambiguity? Principles and recent cases dealing with this useful equitable remedy
    • The vexed question of whether you can tender documents establishing the pre-contractual matrix of facts only if there is ambiguity. and in this context, is `ambiguity` itself ambiguous?

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Event Categories

Government & Global Issues: Law & Regulations

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