Welcome to the latest issue of the TRG Update.
Unfortunately, our annual English Commercial Contract Law – Hot Topics event in conjunction with World Commerce & Contracting (formerly the IACCM) has had to be rescheduled and it is likely that it will go ahead this autumn, possibly in September.
The first session will cover issues of contractual performance and responsibilities including contract formation, representations v warranties, time of the essence, best / reasonable endeavours, withholding consent.
The second session will focus on the impact of Brexit on contract drafting as well as the latest cases on relational contracts and duties of good faith.
The third session will focus on liability caps, exclusions, indemnities and liquidated damages / penalty provisions.
Further details on exact dates and booking arrangements will follow nearer the time.
In this edition we feature, as usual, 4 recently decided cases. However, it is probably no exaggeration to say that two of them represent possibly the most significant decisions of recent years in terms of their potential impact on contract drafting and the rights and remedies available to contracting parties:
- Limitation of liability equivalent to price paid held unreasonable.
- Interpreting indemnities.
- An unenforceable penalty?
- The broad (and unintended?) effect of a loss of profit exclusion.
An archive of previous cases featured in our Updates is available here.
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