Podcast Location:
Download it here [file size: 25.1 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners interested in developments in commercial law and practice. It aims to review several recent judgments on the admissibility of pre-contractual negotiations in contract interpretation and the principles to be applied when construing settlement agreements. It also explores several recent judgments on common problems concerning jurisdiction and governing law clauses and managing unsatisfactory contractual relationships. The podcast finally addresses two recent decisions on the remedy of rescission and the difference between on-bonds and guarantees.

Outcomes:
After completing the course you will:
  • Understand the circumstances in which pre-contractual negotiations are admissible when interpreting provisions in a written agreement;
  • Understand the scope of a provision in an agreement for ‘full and final settlement’;
  • Know when a jurisdiction clause will be validly incorporated into the agreement;
  • Understand how jurisdiction is determined in the absence of an express choice;
  • Understand how the governing law of an agreement is determined without an express choice;
  • The scope of an obligation of ‘good faith’ expressed in a long-term contract;
  • Understand the difference between rescission and discharge of a contract;
  • Understand the differences between a guarantee and an on-demand bond.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Panel Discussion
Sources and References:
  • Scottish Widows v BGC International [2012] EWCA Civ 607;
  • Point West London Limited v Mivan Limited [2012] EWHC 1223 (TCC);
  • Presstek Europe Limited v Multi-Digital De Impresion SL [2012] EWHC 685 (QB);
  • Lawlor v Sandvik Mining [2012] EWHC 1188 (QB);
  • Jet2.com Limited v SC Compania Nationala de Transporturi Aeriene Romane Tarom SA [2012] EWHC 622 (QB);
  • Compass Group UK and Ireland v Mid Essex Hospital Services NHS Trust [2012] EWHC 781;
  • Jones v Tate [2012] 1 All ER (Comm) 1136;
  • Wuhan Guoyu Logistics Group Co Ltd Anor v Emporiki Bank of Greece SA [2012] EWHC 1715 (Comm).
Tags:

This podcast reviews a series of recent cases that will be of interest to commercial lawyers covering pre-contractual negotiations in contract interpretation, construing settlement agreements, jurisdiction and governing law clauses, managing unsatisfactory contractual relationships, rescission and difference between bonds and guarantees.

Podcast added: 01/08/12

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