Indemnities, Warranties and Guarantees under the Microscope

Event Details

Course Code: S3959
Speaker: Helen Swaffield
Specialisations: Company & Commercial, Civil Litigation,
Venue: Liverpool Law Society, 2nd Floor, Helix, Edmund Street, Liverpool, L3 9NY
Date: Friday, 14 July, 2017
Time: 09:30 - 16:45

Members Price: £200
Non Members Price: £290

Training Season Ticket: Free

Note: 20% Vat added at checkout

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Event Description

This course is aimed at experienced practitioners who negotiate and draft commercial contracts in private practice and in-house and may also be of interest to litigators. It undertakes an in-depth review of the problem areas around the limitation of liability in commercial contracts. It will also identify common obstacles in negotiations and suggest ways in which these can be navigated:


  • Limitation of liability: caps, what is reasonable? Deliberate breach scenarios; relationship with entire agreement, warranties and indemnities.
  • Indemnities: providing and resisting, scope and ‘trigger’ mechanisms, support or replace the obligation, enforcement
  • Warranties: what can be covered? How to tailor to specific use; services warranties, title, IPR and quality, flow-down and chain issues
  • Financial and performance guarantees: form and structure, primary and secondary issues, using bonds and escrow, the impact of change control, e-signatures and pre-emptive defences and enforcement

Helen Swaffield is a barrister with over 20 years' experience in commercial litigation. Within her practice at St Ives Chambers, Birmingham, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects and advice. Helen is the Editor of the Commercial Litigation Journal and the Procurement and Outsourcing Journal both published by Legalese and is a regular legal Commentator and Broadcaster. 

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