课程概览
Exclusion and limitation of liability clauses are some of the most heavily negotiated provisions in any commercial contract - and among the most difficult to draft effectively.
Get them wrong, and the consequences can be costly. Get them right, and you protect your organisation from significant risk.
Exclusions and limitation clauses are vital for managing liability and protecting your organisation from unforeseen risks, but neither side in a contract will want to be limited for the protections they would wish to put in place.But sometimes the law requires such limitations.
This can be problematic because neither side will want to leave themselves open to risk they might otherwise wish to limit or exclude.
This focused, training course will cut through the complexity, giving you a clear, practical understanding of how to draft, negotiate and enforce these critical clauses to safeguard the interest of a business.
The expert trainer
will bring you right up to date with all you need to know about the specific issues and potential pitfalls related to these clauses.He will also cover negotiating and drafting issues that can invalidate exclusion and limitation of liability clauses.
By sharing his immense experience in this area, you will gain the skills and knowledge to identify and mitigate against the risks and responsibilities related to these specific clauses.
You’ll explore:
Where the legal boundaries lie and how the courts approach enforceability
How to balance commercial interests with legal protection
Common drafting pitfalls and how to avoid invalid clauses
The training course combines practical insights with hands-on drafting exercises to help you embed the learning. You’ll leave confident in your ability to spot weaknesses, strengthen your contracts and manage liability effectively.
This training course is part of our
Commercial Contracts Training Course collection
which has been designed for the in-house lawyer.
Benefits of attending
By attending this training course you will:
Sharpen
your drafting and negotiation skills for exclusion and limitation clauses, ensuring contracts are both robust and commercially realistic
Understand
international and jurisdictional nuances, including how different legal systems approach enforceability and risk allocation
Mitigate
against potential liabilities early, reducing exposure for your organisation
Appreciate
the commercial and economic drivers behind these clauses, enabling you to balance legal protection with business priorities
Learn
how to apply the ACE principle effectively to strengthen contractual protections
Gain
practical drafting techniques through guided exercises, helping you embed learning and improve accuracy
Get to grips
with the latest case law and trends shaping this area of commercial law
Who should attend?
This interactive training course has been specifically designed for:
In-house lawyers
Private practice lawyers
Legal professionals and advisors
Commercial and contracts directors and managers
Procurement personnel
Business development managers
Project managers
Others whose work brings them into contact with contracts
Presenters firm
Weston Legal
is a leading specialist boutique firm specialising in Commercial law, Technology law, Media law, Intellectual Property law, Data law and Regulatory law and practice.
From its founding, the firm has always committed to provide a fast and efficient service wherever its clients operate.As its business has grown and diversified, it has recognised the strength and importance of the principles held by its people;
putting clients first and operating as one team to realise its goals and share its success.These principles have formed the foundation of its culture and the way its lawyers interact with one another and the firm’s clients.They are what distinguish it and are vital to its future.
To find out more about what Weston Legal can do for you, please contact Mark at westonlegal.ltd or see
https://uk.linkedin.com/in/markwestonlegal
Mark also operates as a leading consultant to Hill Dickinson LLP, a leading and award-winning international law firm with offices in London, Liverpool, Manchester, Leeds, Birmingham, Piraeus, Singapore, Monaco and Hong Kong.
As a full service law firm, it delivers advice and strategic guidance spanning the full legal spectrum from non-contentious advisory and transactional work, to all forms of dispute resolution.
The firm is on the panel of a number of national and international organisations and regularly competes against many of the City firms.In recent months, they have been able to win a number of panel reviews against City firms.
To find out more out what Mark can do for you via Hill Dickinson, please contact him via www.hilldickinson.com
Understanding exclusion and limitation clauses
课程大纲
International applicability and different practices
Myths about liability clauses
Internationally accepted practice
Economic rationale for this area of law
The liability protection spectrum
Jurisdictional differences
Factors affecting which do and factors which do not affect liability
A roadmap to drafting a clause:
Evaluating risk
3 solutions to reduce risk before you get anywhere near a limitation or exclusion clause
The ACE principle
Acceptance of risk
Capping of risk
Exclusion of risk
Drafting a clause
The 4
I.I.IC.S
questions
15 drafting guidelines
Negotiating liability clauses: risks and responsibilities
Arguments used by each side when negotiating
Indirect and consequential loss
A suggested approach
When you do your job but someone messes it up
UCTA, CRA
Drafting a liability clause: tips, tricks and techniques
Exercises in drafting
Latest changes
Final questions