(Webinar) Contractual Risk Allocation Tools: Drafting Guarantees and Indemnities
Mar 2022 | Construction & EngineeringPartner 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
When
Tuesday 1 March 2022
12.55pm - 1.45pm
(Full conference: 12.00pm - 2.45pm)
Venue
Online
Other information
To find out more or to register, please click here.
