Advanced Strategic Commercial Contract Drafting
Presenters : Dwight Snyman
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 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:
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Master how to structure contracts to clearly define responsibilities, minimise exposure and effectively manage risk in complex agreements.
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Gain practical skills to craft indemnity, force majeure, dispute resolution and limitation of liability clauses that hold up in negotiations and litigation.
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Explore case studies and industry-specific examples to understand how these clauses function in practice and what happens when they fail.
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Develop a sharper ability to spot red flags, negotiate stronger terms and push back on one-sided risk allocations in contract drafting.
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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:
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Introduction to Risk Allocation in Contracts.
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Definition and Importance of Risk Allocation.
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Principles of Contractual Risk Management.
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Legal and Commercial Considerations in Risk Transfer.
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Indemnity Clauses.
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Types of Indemnities: Broad, Limited, and Comparative Indemnity.
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Scope of Indemnity: Direct vs. Consequential Losses.
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Triggering Events: Negligence, Breach, Third-Party Claims.
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Exclusions and Limitations: Enforceability and Public Policy Considerations.
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Drafting Pitfalls: Avoiding Overbroad or Unenforceable Clauses.
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Case Law Insights: Landmark Cases on Indemnity.
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Force Majeure Clauses.
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Defining a Force Majeure Event: Objective vs. Subjective Standards.
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Drafting Essential Elements: Scope, Notice Requirements, and Duration
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Mitigation Obligations: Duty to Minimize Impact of a Force Majeure Event.
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Relationship with Other Contractual Obligations: Suspension vs. Termination.
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Post-Pandemic Considerations: COVID-19, Supply Chain Disruptions, and Governmental Orders.
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Judicial Interpretation: Recent Court Decisions on Force Majeure.
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Dispute Resolution Clauses.
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Litigation vs. Alternative Dispute Resolution (ADR): Choosing the Right Mechanism.
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Arbitration Agreements: Institutional vs. Ad Hoc Arbitration.
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Mediation and Expert Determination: When and How They Apply.
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Jurisdiction and Governing Law Considerations: Cross-Border Contracts.
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Finality and Enforceability: Challenges in Drafting Effective Clauses.
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Pathological Clauses: Common Mistakes and How to Fix Them.
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Limitation of Liability Clauses.
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Purpose and Legal Framework: Enforceability under Common Law and Statutory Provisions.
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Types of Limitations: Exclusions, Caps, and Time-Based Restrictions.
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Consequential vs. Direct Damages: Distinctions and Drafting Best Practices.
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Carve-Outs and Exceptions: Fraud, Gross Negligence, and Public Policy Restrictions.
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Knock-for-Knock Clauses: Industry-Specific Liability Allocation Models.
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Judicial Trends: Case Law and Interpretation of Limitation Clauses.
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Practical Application and Drafting Best Practices.
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Structuring Risk Allocation Across Contracts: Aligning Indemnities, Insurance and Liability Limits.
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Negotiation Strategies: Balancing Commercial Leverage and Legal Protections.
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Integration with Insurance Policies: Aligning Contractual and Insured Liabilities.
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Common Drafting Mistakes: Identifying and Fixing Ambiguous Language.
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Industry-Specific Approaches: Construction, Finance, Technology and Energy Sector Considerations.
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