Overview 

Clear and strategic clauses are essential for defining responsibilities, managing risk and minimising legal exposure in complex agreements. Understanding how to craft key contractual provisions such as indemnity, force majeure, dispute resolution and limitation of liability clauses ensures that agreements hold up in negotiations and litigation. 

Join an enlightening session with Adv. Dwight Snyman on 10 April 2025, from 13h00 to 14h00 as he explores real-world case studies and negotiation strategies to help you draft stronger agreements, identify red flags and push back on one-sided terms. 

Learning objectives 

Attending this webinar will equip you with the following skills: 

• Master how to structure contracts to clearly define responsibilities, minimise exposure and effectively manage risk in complex agreements. 

• Gain practical skills to craft indemnity, force majeure, dispute resolution and limitation of liability clauses that hold up in negotiations and litigation. 

• Explore case studies and industry-specific examples to understand how these clauses function in practice and what happens when they fail.  

• Develop a sharper ability to spot red flags, negotiate stronger terms and push back on one-sided risk allocations in contract drafting. 

• Know how to proactively structure agreements to prevent litigation, reduce uncertainty, and ensure enforceability before problems arise. 

Content 

The webinar will cover the following topics: 

• Introduction to Risk Allocation in Contracts. 

  • Definition and Importance of Risk Allocation. 

  • Principles of Contractual Risk Management. 

  • Legal and Commercial Considerations in Risk Transfer. 

• Indemnity Clauses. 

  • Types of Indemnities: Broad, Limited, and Comparative Indemnity. 

  • Scope of Indemnity: Direct vs. Consequential Losses. 

  • Triggering Events: Negligence, Breach, Third-Party Claims. 

  • Exclusions and Limitations: Enforceability and Public Policy Considerations. 

  • Drafting Pitfalls: Avoiding Overbroad or Unenforceable Clauses. 

  • Case Law Insights: Landmark Cases on Indemnity. 

• Force Majeure Clauses. 

  • Defining a Force Majeure Event: Objective vs. Subjective Standards. 

  • Drafting Essential Elements: Scope, Notice Requirements, and Duration 

  • Mitigation Obligations: Duty to Minimize Impact of a Force Majeure Event. 

  • Relationship with Other Contractual Obligations: Suspension vs. Termination. 

  • Post-Pandemic Considerations: COVID-19, Supply Chain Disruptions, and Governmental Orders. 

  • Judicial Interpretation: Recent Court Decisions on Force Majeure. 

• Dispute Resolution Clauses. 

  • Litigation vs. Alternative Dispute Resolution (ADR): Choosing the Right Mechanism. 

  • Arbitration Agreements: Institutional vs. Ad Hoc Arbitration. 

  • Mediation and Expert Determination: When and How They Apply. 

  • Jurisdiction and Governing Law Considerations: Cross-Border Contracts. 

  • Finality and Enforceability: Challenges in Drafting Effective Clauses. 

  • Pathological Clauses: Common Mistakes and How to Fix Them. 

• Limitation of Liability Clauses. 

  • Purpose and Legal Framework: Enforceability under Common Law and Statutory Provisions. 

  • Types of Limitations: Exclusions, Caps, and Time-Based Restrictions. 

  • Consequential vs. Direct Damages: Distinctions and Drafting Best Practices. 

  • Carve-Outs and Exceptions: Fraud, Gross Negligence, and Public Policy Restrictions. 

  • Knock-for-Knock Clauses: Industry-Specific Liability Allocation Models. 

  • Judicial Trends: Case Law and Interpretation of Limitation Clauses. 

• Practical Application and Drafting Best Practices. 

  • Structuring Risk Allocation Across Contracts: Aligning Indemnities, Insurance and Liability Limits. 

  • Negotiation Strategies: Balancing Commercial Leverage and Legal Protections. 

  • Integration with Insurance Policies: Aligning Contractual and Insured Liabilities. 

  • Common Drafting Mistakes: Identifying and Fixing Ambiguous Language. 

  • Industry-Specific Approaches: Construction, Finance, Technology and Energy Sector Considerations. 

About the presenter 

Adv. Dwight Snyman 

Adv. Dwight Snyman is an admitted member of the Johannesburg Society of Advocates and is accredited by the Legal Practitioners Council as an Advocate of the High Court of South Africa. Adv. Snyman completed articles of clerkship, and attorney’s competency exams under the auspices of the Wits Law Clinic. He completed his Advocacy pupillage under the tutelage of the esteemed Adv. Louis Du Bruyn. 

Adv. Snyman has had opportunity and success in litigation, in the High and Magistrates’ Courts of the republic, the CCMA, Disciplinary Hearings and assorted other venues and forums, and has become possessed of practical litigation experience beyond what would normally be expected from a practitioner of his age and seniority. He is the holder of a degree in Politics, Philosophy and Economics (PPE) from the University of Cape Town, and postgraduate Bachelor of Laws (LLB) from the University of the Witwatersrand, for which he was accorded the honour of being on the Dean’s list for his academic performance.    

Who should attend? 

The following persons will benefit from attending this webinar: 

• Advocates. 

• Attorneys. 

• Estates administrators. 

• Corporate Legal Professionals. 

• Legal Academic. 

• Candidate attorneys. 

• Law Students. 

• Paralegals. 

Price              

• R 400.00 - Online admission - Individual.  

  • Group Price 1 - From R337 per person (up to 5 users)  

  • Group Price 2 - From R260 per person (up to 10 users)  

  • Group Price 3 - From R224 per person (over 11 users) 

Steps to register for the event:  

If you already have a profile, login and register for the webinar. 

If you don’t have a profile, create a free profile then login and register for the webinar. 

Click here  to create a free profile (There is no charge to create a profile and gain access to our free Monthly Practice Management Series). 

Click here  to find out about the Technical Resource Centre & CPD Subscription options. 

Additional material 

By attending this webinar you will be provided with: 

• A summarised slide presentation. 

• Reference documents and/ or course material where available. 

• You can ask questions during the webinar and you will also have access to the presenter after the webinar. 

About SA Legal Academy 

Welcome to SA Legal Academy (SALA), a provider of courses to help you succeed in your chosen career. We are committed to providing our students with the highest quality training and support, to ensure that your skills and knowledge are up to date and ready to face the challenges of the modern workplace. Our courses are designed to ensure that you reach your professional goals and enhance your career prospects. With our experienced training staff and comprehensive resources, you can be confident that you will receive the highest quality of training from SA Legal Academy. 

SALA is a Level 2 B-BBEE contributor, with 125% procurement recognition. Training spend on certain solutions can be allocated against the Skills Development element of the B-BBEE Scorecard through accredited and nonaccredited training or claimed through SETA grants. In addition, 25% of your Skills Expenditure can be claimed on non-accredited training or courses. 

Corporate Training Solutions 

At SALA, we recognize the evolving needs of businesses in today's dynamic environment. Beyond our standard webinar offerings, we provide tailored corporate training solutions designed to empower your team with the latest in legal and professional skills. Whether you're looking for online sessions or face-to-face training, our programs are crafted to ensure a comprehensive and engaging learning experience. 

Drawing inspiration from modern training methodologies, our corporate solutions are interactive, adaptable, and focused on real-world applications. We prioritize hands-on learning, ensuring your team can immediately apply their newfound knowledge in practical scenarios. 

Interested in a bespoke corporate training experience? Reach out to us at [email protected] or call 012 941 0448. Together, let's design a training program that elevates your team's capabilities and aligns with your organizational goals. 

Contact Us For More Information 

Have any questions or need any assistance? Contact us today!  

• Online chat through our website.  

• Phone: +27 (0) 12 941 0448  

• E-mail: [email protected]