(Webinar) Contractual Risk Allocation Tools: Drafting Guarantees and Indemnities

Mar 2022 | Construction & Engineering

Partner Mark Kenney is presenting at the upcoming Television Education Network conference, Drafting Commercial Contracts: Maximising their Impact on Tuesday 1 March 2022.

Mark's session, Contractual Risk Allocation Tools: Drafting Guarantees and Indemnities, will explore accepting liability, even of a limited nature, under a contract brings with it potentially onerous consequences and, as a result, precise and thorough drafting of such clauses is essential. This session provides a deep-dive into the drafting of guarantees and indemnities and associated guidance practitioners need to provide their clients, including:

  • Guarantees and indemnities as risk allocation tools
  • The characteristics of a guarantee and appropriate circumstances to provide one
  • Essential features of a guarantee, including:
    • Default trigger and process
    • Guarantor’s obligations
  • Legal requirements for enforceable guarantees
  • Lessons from litigation
  • When to include an indemnity in a contract – assessing potential loss or damage and risk allocation
  • Key indemnity drafting considerations including:
    • Types of indemnities
    • Nature and extent of potential loss
    • Mitigation obligations
    • The availability of common law remedies
    • The impact of insurance
  • Negotiating indemnities and relationship management
  • Relevant cases and examples


Tuesday 1 March 2022
12.55pm - 1.45pm
(Full conference: 12.00pm - 2.45pm)



Other information

To find out more or to register, please click here.