Course Description

THE RATIONALE

Contract breach and termination- key remedies for litigators’ course will help participants to give resourceful advice on contractual breach and termination clauses.

The course will elaborate through the cases that will be examined the key elements of contractual liability and improve participants analysis of a contract dispute.

THE COURSE OBJECTIVES:

By the end of this training, participants will be able to learn:

• Minimizing or avoiding situations where specific types of breaches are repudiatory breaches
• Terminate the contract, and prevent damages which would accrue from increasing, by exercising right to terminate
• Set damages for breach to a pre-agreed amount in the contract itself
• Avoid entirely arguments as to the amount of compensation should be paid for the breach, subject to the rule against penalties
• Limit the remedies for breach which would otherwise be able at general law

THE COURSE OUTLINE

The course will cover the following:

MODULE 1: BREACH OF CONTRACT

• The elements of breach of contract
• Material breach and conditions
• Notices to remedy and the Heisler qualification
• Repudiatory breach and in nominate terms

MODULE 2: DAMAGES – BASIC PRINCIPLES

• What are damages?
• Causation, direct and consequential loss
• Causation: ‘But for’ test
• Types of loss
• Quantifying loss and damages

MODULE 3: INJUNCTIONS AND SPECIFIC PERFORMANCE

• Prohibitory injunctions
• mandatory injunctions
• The Remedy of Specific Performance for Breach
• Scope of Specific Performance
• Availability of Specific Performance
• Restrictions to Availability of Specific Performance
• Changes to Availability of Remedies (by agreement)

MODULE 4: REMEDIES FOR BREACH

• Aim of the Remedies for Breach
• Affirmation and waiver
• Limitation of liability
• Equitable causes of action: mistake and rectification
• Equitable relief?

MODULE 5: REPRESENTATION

• Misrepresentation
• Classification of the type of breach including repeated, material and irremediable
• Capping the recovery
• Counterclaiming for wrongful termination

TARGET AUDIENCE

Legal Executives and others who perform related functions

Delivery Method: Combines lectures, class discussions, group exercises, illustrations, role-plays and practical application of the topics.

Venue: Online Class

Fee:

Duration: 1 week

Course Date: May 15th-19th 2023