Contract Law Update: Indemnity Clauses and Consequential Loss in Commercial Agreements

Contract Law Update: Indemnity Clauses and Consequential Loss in Commercial Agreements

Contract Law Update: Indemnity Clauses and Consequential Loss in Commercial Agreements

Indemnities and consequential loss – the conception of a wicked problem.

One of the values of an indemnity is the contractual unshackling of the constraints imposed by concepts of remoteness and foreseeability on both contractual and tortious (and to the bold, statutory) claims – dependent of course on the drafting of the indemnity clause; things that might otherwise be thought to be “consequential” loss.

Conversely, consequential loss exclusions often seek to constrain loss otherwise within conventional concepts of remoteness and foreseeability.  Sometimes they may actually do the opposite.  The interplay between expansive indemnity and restrictive consequential loss clauses, against a background of case law which is less than pellucid, provides fertile ground for argument, in drafting and the consequences thereof.  This seminar will examine some of the concepts in this challenging area.

 

Disclaimer:

  1. This seminar is subject to change.
  2. The Legal Practice Board of Western Australia states that CPD Points are awarded for a full hour and/ or half hour of attendance. Lesser periods are rounded down to the nearest half hour. 
  3. A practitioner cannot claim CPD points for attending a seminar that has the same content during the same CPD year. The content must extend the practitioner’s knowledge and skills in areas that are relevant to the solicitor’s practice needs or professional development.  Practitioners should not request CPD points for any subsequent seminars which contain the same or similar content within the same CPD year.

*Please note that to create a booking you will be redirected to the MyPage portal

Tuesday, 19 March 2024 1:00 pm

to

Tuesday, 19 March 2024 2:00 pm

Venue 1:

The Law Society of Western Australia

Level 5, 160 St Georges Terrace

PERTH WA 6000

 

Venue 2:

At Your Desk

Delivered Live Online

COST

Members:
125
Non-Members:
200
CPD Freedom:
0

Areas of Law

CPD Points

Practice Management
Professional Skills
Ethics & Responsibility
Substantive Law
1

Speakers

Paul Evans Partner, HFW

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