How to Exclude Liability in B2B Contracts

Guidance on how to exclude liability in B2B contracts

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Course Overview

Drafting exclusion clauses can be tricky but the ability to do so effectively is crucial if you are to ensure that they are enforceable. This session, delivered by experienced barrister Helen Swaffield, will provide viewers with guidance on what to consider when drafting such clauses and what to look out for when analysing and disputing them.

During this 30-minute session the following topics will be considered:

      Incorporation – Make sure it’s incorporated

      Direct, indirect & consequential loss – Know what you’re doing

      Categories – In what categories can you use exclusion clauses?

      The latest approach to interpretation of exclusion clauses

      Severance – Make sure everything is severable

      UCTA triggers – More widespread than you might think

      Reasonableness reinvented – Recent decisions under the Unfair Contract Terms Act

      Caps – Cap the loss and make sure you include the indemnity in your exclusion clause or in your cap

      Warranties and indemnities


What are the requirements?

  • Watch the recorded webinar, review the slides and complete the short quiz to test your legal knowledge.
  • This course provides 0.5 – 1 CPD points (depending on length of time spent reviewing the supporting documentation).

Learning Outcomes

  • On completion of this course you will:
  • • Have a greater understanding of the ways in which liability can be successfully excluded from a B2B contract
  • • When the circumstances allow, have the confidence to try to pull the whole point of liability down by using some negative or looser standards to begin with

What is the target audience?

  • Contract law practitioners

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About Instructor - Helen Swaffield

Helen was formerly a member of St Ives Chambers in Birmingham where she had a commercial chancery and insolvency practice. In August 2017 Helen established and now heads her own chambers: Contract Law Chambers & Advocates. Her expanding client base is serviced through offices in Chancery Lane, Bristol and Manchester.

In addition to being the former editor of the Procurement and Outsourcing Journal and the Commercial Litigation Journal published by Legalease, Helen is a well-renowned lecturer and trainer who develops bespoke training programmes for legal and business clients in the UK and internationally. 

Course Curriculum

Recorded Webinars

  • Webinar
    00:32:55

Supporting Documentation

  • Slides
    37 Page

Quiz

  • Quiz
     

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