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Course Overview Understanding of the detailed consequences of contracts is vital for all who have to draft and negotiate them. It is also essential for those handling contentious issues in commercial law, whether leading towards litigation or settlement. This area of law is very dynamic, and new issues, arguments and applications are continually arising. This in-depth one-day seminar will keep you abreast with developments in this field. Audience - In-house lawyers
- Solicitors in private practice
- Contract managers/directors
Course Outline The starting point for calculations - A comparison of different remedies available for breach of contract
- Selecting the appropriate remedy
- The remedy of Quantum Meruit
- Damages versus debt
- Damages: the basic principle of assessment
- The 'no transaction' method and 'successful transaction method'
- Heads of damages
- The rules of remoteness
- Damages for mental distress:
- Farley v Skinner (2001)
The measurement of damages - Putting figures to the claim
- Statutory principles affecting the measurement of damages
- The rule against double counting
- The rules about mitigation of loss
- New cases:
- Voaden v Champion
- The case of the Millennium Dome
- The Alcoa Minerals case
- What has the claimant really lost?
- Loss of use?
- Value of old item?
- Cost of new item?
Special cases - Damages for the loss of a chance:
- How are they calculated?
- Contributory negligence and the measurement of damages
- Drafting terms of contract to control damages and other remedies
- Liquidated damages
- Clauses about currency and interest
- The 'breach date' rule:
- What is it?
- Is it really a rule?
Other remedies for breach of contract - Retention of a deposit
- Rescission
- Specific performance and specific delivery
- Injunctions
- Rectification
- Indemnities
- What do they do?
- How are they different from damages?
- What does the Arcadia case really tell us?
Interest on late payments - Contractual
- Exception clauses and penalties
- Late payment of Commercial Debts (interest) at 1998
How to make a booking for the LE-CL-DO course
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