Contract Breach and Termination – Key Remedies for Litigators

This workshop course is to help the participants to advice on contractual termination clauses, and whether or not a breach has terminated the contract and will help you to identify the key elements of contractual liability and improve your analysis of a contract dispute. Recent cases will also be explored.

CONTENT:

• The elements of breach of contract
• Material breach and conditions
• Notices to remedy and the Heisler qualification
• Repudiatory breach and in nominate terms
• Affirmation and waiver
• Causation, direct and consequential loss
• Quantifying loss and damages
• Limitation of liability
• Equitable causes of action: mistake and rectification
• Misrepresentation
• Classification of the type of breach including repeated, material and irremediable
• Equitable relief?
• Repudiatory breach at common law
• Notices – are they correct?
• Types of loss
• Capping the recovery
• Counterclaiming for wrongful termination

FOR WHOM:

Legal Officers and others who perform related functions

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.