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About the course
Attend this revised in-depth training course and acquire invaluable knowledge of the following key areas:
- The common law: nature and methodology
- Negotiation and formation of a contract
- Drafting contracts under English law
- Termination of a contract and remedies for breach of contact
- Applicable law in international financial contracts
Many international commercial agreements are subject to English law. Often non-UK lawyers are faced with unfamiliar legal concepts and requirements. To overcome these hurdles and help lawyers become truly international.
Regularly updated, the course aims to provide you with the principal elements of English law and in particular the main provisions of English contract law. It is highly participative with several practical case studies and workshops.
You will learn:
- The essential distinctions between common and civil law systems
- To identify the key elements of a common law judgement
- How a contract is formed and what it contains
- Remedies for breach of contract
- Applicable law and international financial contracts
- Documentation techniques for English law contracts
To enable you to understand how English law works in practice, you will take part in practical documentation exercises and will analyse the following specific legal issues and contracts:
- Pre-contractual documents: letters of intent and commitment
- Negotiation of a contract
- Contents of the contract: express and standard terms
- Drafting force majeure clauses
- Construction of contract terms
The common law: nature and methodology
What is the ‘common law’?
The role of judge-made law
The authority of case-law
Consensual and non-consensual liabilities
Workshop 1: Analysing a common law case Participants analyse a law report, consider the basis of the judgment and evaluate its significance for the future.
Equity and trusts
The equitable jurisdiction
Trusts: their use and structure
Legal and beneficial interests
Intention to create a trust
Identifying trust property
Duties of trustees
Formation of contract (1)
Termination of offer
Deeds & bonds
Formation of contract (2)
Function of the doctrine
From the promise
Workshop 2: Consideration case studies Participants examine recent cases relating to the doctrine of consideration.
Formation of contract (3)
Intention to create legal relations
Workshop 3: Formation of contract Participants consider the course of real-world negotiations and apply the common law approach to the formation of contract.
Formation of contract (4)
Pre-contractual documents and undertakings
Letters of intent/commitment/heads of agreement
Agreements to agree
Letters of comfort
Workshop 4: The nature of pre-contractual documents Participants study the wording and effect of precontractual documents.
The contents of the contract (1)
Classification of terms
Workshop 5: Common contractual provisions in financial documentation Participants study the wording and structure of standard terms in banks’ loan and guarantee documentation.
The contents of the contract (2)
Contractual provision for remedies
Liquidated damages and penalties
Case studies: Murray v Leisureplay and Alfred McAlpine v Tilebox
Force majeure clauses
Terms implied ‘in fact’
Terms implied in law
The contents of the contract (3)
Construction of contractual terms
Rules of interpretation
Exclusion & limitation clauses
Case study: ICS v West Bromwich Building Society
Workshop 6: Interpretation of contractual terms Participants consider the court’s interpretation and application of contractual terms in contracts of insurance and shipbuilding.
Legislative limitations on standard terms
Parties to the contract
Privity of contract and its exceptions
The Contracts (Rights of Third Parties) Act 1999
Variation of contractual terms
Consensual and non-consensual variations
Workshop 7: Variation and discharge Participants consider a case study regarding variation and discharge of contract by the terms of the payment instrument. Participants take the roles of parties to a crossborder joint venture and consider key issues.
Transfer of contractual rights and obligations
Case study: Transferability of assets on insolvency: FDIC v Bank of Boulder
Termination of contract
Termination by agreement
Termination by frustration
Termination upon breach
Workshop 8: Frustration case study Participants consider a real-life scenario and determine whether the doctrine of frustration applies.
Legal and equitable remedies
Case studies: set off and its exclusion
Applicable law and jurisdiction under English law
Conflicts of law in international transactions
The common law approach
The EEC convention on the law applicable to contractual obligations
Case study: Iran continental shelf oil company
Jurisdiction under the Brussels Convention
Case study: Chailease v Credit Agricole Indosuez
Trust the experts
Arun is a corporate educator and international lawyer in private practice. As a facilitator, coach and consultant he focuses on Intercultural Management and Communication, International Leadership, Impact and Influence, Intercultural Negotiations, Cultural Due Diligence, and Country-Specific Advi...