Boilerplate Clauses - Avoiding the Pitfalls [2019]

Webinar Details

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Keith Markham, legal trainer.

CPD Hours: 1


This webinar is presented by Keith Markham, legal trainer. Boilerplate clauses are included in all commercial contracts but can give rise to complications if they are not worded correctly. This webinar discusses a series of recent cases and sets out a summary of key considerations to be borne in mind by practitioners when reviewing this often overlooked section of the contract.

Topics will include:

  • Entire agreement – what is meant by the ‘non-reliance’ element and what wording needs to be used to deal successfully with this issue?
  • Force majeure – how do the courts interpret these clauses and what is required by an obligation to use reasonable endeavours to remedy a force majeure event?
  • No oral modification clauses – can an oral variation, backed up by conduct, override the effect of these clauses?
  • Assignment – can a non-assignment clause be circumvented by other provisions in a contract?