It’s important to have a good understanding of exclusion and limitation of liability clauses when drafting contracts. Neither side in a contract will want to be unreasonably limited by these clauses but, on the other hand, neither side will want to leave themselves open to providing compensation for losses incurred.
This intense half-day will bring you right up to date with all you need to know about the specific issues and potential pitfalls related to these clauses. It also covers negotiating and drafting issues that can invalidate exclusion and limitation of liability clauses.
The expert trainer will share his immense experience in this area, giving you the skills and knowledge to identify and mitigate against the risks and responsibilities related to these specific clauses. Working through drafting exercises will help embed the learning and ensure you get the most out of this course.
Benefits of attending
By attending this course you will:
- Understand exclusion and limitation of liability clauses in more depth
- Get to grips with internationally accepted practice and jurisdictional differences
- Learn about the economic rationale for this area of law
- Master the ACE principle
- Practice drafting techniques
- Explore 2023/2024 changes you should be aware of
Certifications:
- CPD: 3 hours for your records
- Certificate of completion
Course Content
Understanding exclusion and limitation clauses
- 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
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
- 2023-2024 changes
Final questions
Who Should Attend
This interactive 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
