Implied Terms and Good Faith in Contracts: A Live Online Course with Keith Markham
Tue 9 Apr 2024 2:00 PM - 4:00 PM BST
Online, Zoom
Description
Implied terms and good faith continue to generate a regular supply of case law that anyone involved in litigation and/or contract drafting needs to be aware of. As a legal professional in the UK, staying abreast of the ever-evolving nuances in contract law is crucial. Our comprehensive online course is specifically designed for lawyers like you, focusing on the intricate aspects of implied terms and the doctrine of good faith — key areas that continue to shape a significant body of case law.
This course provides an overview of the key issues to be borne in mind and then examines them through a series of case studies with an emphasis on practical steps to be taken.
Price: £190 + VAT for the first delegate. This is a per organisation price, so up to 10 of your colleagues from the same organisation can participate at no extra charge, even if they are viewing it from a different location or at a different time. So for example, if there are 10 of you the cost per delegate would be just £19.00 each.
For smaller firms with 4 or less partners, the price is £99 + VAT, which is for a single place with no additional free places
You can participate in the course live or watch the recorded version whenever or wherever you want. In each case you will receive a recording of the complete course after the event.
Topics will include:
Implied Terms; Dive deep into the concept of implied terms in contract law. Understand how courts interpret terms that are not explicitly stated but are deemed to exist for contractual fairness and efficiency. Learn how to identify and apply these terms in various contractual contexts, enhancing your drafting and litigation strategies.
• Summary of key considerations
• Application of the business efficacy and officious bystander tests in recent case law
• Pixdene v Paddington [2022] EWHC 2765 (IPEC)
• Usage of implied terms in different contexts
• The no contradiction rule
Good Faith: Explore how this principle is applied in different contractual scenarios, from negotiation and performance to enforcement and dispute resolution. Our course provides a thorough analysis of landmark cases and academic theories, offering a clear understanding of how good faith operates within the UK legal framework.
• Meaning of ‘good faith’
• Faulkner v Vollin Holdings [2022] EWCA Civ 1371
• Express duties of good faith – enforcement and interpretation
• Optimares v Qatar Airways [2022] EWHC 2461 (Comm)
• Implied duties of good faith
• Meaning of ‘relational contract’
• Relationship between ‘relational contracts’ and the tests for implied terms
• Candey v Bosheh [2022] EWCA Civ 1103 Coulson LJ
• Resolving conflict between express and implied duties of good faith
Presenter:
Keith Markham qualified as a Solicitor in 2001 and now works as a freelance consultant. After beginning his career in private practice, in 2004 he moved in-house at the BGL Group, a major insurance intermediary that includes comparethemarket.com among its brands. During his time there Keith advised extensively on all areas of data protection. He also conducted contract negotiations of a complex nature, often with major blue-chip companies. In 2007, Keith joined BPP Professional Education, one of Europe’s leading providers of professional development training. He worked there as both an in-house lawyer dealing with data protection and commercial contracts and also as a presenter of training courses before going freelance in 2009. Drawing on his considerable experience Keith has designed and delivered a wide variety of training for BPP and other providers as well as for his own clients in the commercial law field. In particular, he teaches topics relating to data protection, consumer law and commercial contracts to lawyers and non-lawyers alike. He also provides consultancy services to an increasing number of clients in those fields and is the author of ‘A Practical Guide to the GDPR’ and ‘Covid-19, force majeure and frustration of contracts – the essential guide’
About The Legal Training Consultancy
The Legal Training Consultancy is a full-service legal training consultancy with a large portfolio of in-house courses and trainers. You can find out more here: www.legaltrainingconsultancy.co.uk. We have individually been responsible for putting together a vast number of law related conferences, webinars, seminars, videos and e-learning modules from 1987 onwards. Altogether many more than 2000.
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