Boilerplate Clauses

Course level

Introductory

Delegates

This course will be of benefit to practitioners who have some knowledge of drafting commercial agreements.

Overview

Boilerplate clauses may appear unglamorous when the heat is on to get the deal done, but failure to include appropriate boilerplate clauses can come back to haunt practitioners, and their clients, where the deal goes sour.

This course will review the main types of boilerplate clause that are encountered in commercial contracts, providing an explanation of when and why they are needed and best practice for drafting them.

Topics covered on this course will include

• Assignment, novation, trusts and third party rights
  • Absolute or limited prohibition of assignment
  • Recent developments
• Variation and waiver clauses
• Invalidity and severance clauses
• Force majeure clauses
• Set-off and counterclaim clauses
• Termination clauses
• Jurisdiction and governing law clauses
• Entire agreement and non-reliance clauses
• Limitation of liability clauses
• Time of the essence clauses