Recovering Losses in a B2B Contract

How to recover losses in a B2B contract

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Course Overview

The ability to recover losses is crucial for any contract law practitioner.

Equally useful for those drafting and for litigators, this session will discuss the different tools which can be put into a contract such as indemnity, liability and liquidated damages to ensure that it yields to its fullest extent some money as a result of breach.

During this 30-minute session contract law barrister Helen Swaffield will offer advice on the following topics:

      Contract structures

      Liability basics



      Warranties - tips



      Notices – How to get it right

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 considered the rise of the implied contract
  • • Be familiar with the different strategies available when recovering loss and know how to determine which one will work best for you
  • • Appreciate the importance of indemnities; a critical part of your drafting strategy to maximise a debt-based recovery
  • • Know how to make full use of the primary / secondary distinction in respect of liquidated damages
  • • Have received guidance on how to successful draft obligations
  • • Know how to use KPIs to get some cash flow through an abatement against the contract price

What is the target audience?

  • Contract law practitioners including drafters and litigators



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

Supporting Documentation

  • Slides
    23 Page


  • Quiz