Overcoming common operational issues: clauses, breaches and variations, terminations, frustration
- What are express and implied terms, and how do they affect your contract?
- The effect of exemption clauses: Olley’s case)
- How can we write terms to ensure performance?
- How can we vary contracts effectively?
- What is the effect of the following on the contractual parties: privity, subcontracting, assignment, change of control, agency, and novation?
- When will the signatory bind their organisation?
- How can we end (terminate) the contract effectively from a legal and commercial viewpoint?
- Which of the following remedies are you entitled to if there are no remedies agreed to in your contract? Common law, equitable (Waltons stores case) and statutory
- How does an indemnity or a liquidated damages remedy function if it is part of the contract?
- When do we need to use a formal contract (‘deed’) rather than our usual form of contact (a ‘simple’ contract)?
- What is the legal effect of the frustration of contract, force majeure and ‘safe harbour’ clauses in periods of upheaval, such as Coronavirus?
Interactive Activity – Assessment of damages: an example of how to assess losses suffered upon breach.