Master Classes

A series of intensive training programmes, covering particularly topical areas of interest to practitioners.

These can be held at your office or at the mediation suite.

The Contract

  • Formation of the contract: traditional and modern
  • Form: standard form
  • Terms: express and implied / exclusion, limitation and disclaimer
  • Avoidance of the contract: vitiating factors/ faults in formation and performance
  • Termination
  • Remedies: break fees v agreed sum clauses v hold harmless
  • Indemnities: common law and recent developments in Hadley v Baxendale legs
  • Equitable relief

Securities and their Forms

  • Creation of real securities: mortgages / charges / common law liens / pledges
  • The form and effect of these transactions
  • Quasi-securities: seeking protection for money lent but not obtaining a real security
  • Various forms including: hire purchase / guarantees and indemnities / assignments / conditional sales / sale and resale
  • Third parties and priority
  • Defects and non-performance
  • Remedies

Remedies - new developments

  • Legal and equitable
  • For breach of contract: repudiation / rescission? / common law damages / specific performance / injunctions
  • For tort: negligence and negligent misstatement / damages / injunctions
  • Breach of duties - trustee: tracing / account of profits / equitable compensation
  • Breach of duties - directors: statutory and common law and equitable remedies
  • Debt and restitution: combination of legal quasi-contract and equitable unjust enrichment
  • Common law damages: Hadley v Baxendale / recent changes in second leg damages
  • The injunction: interim relief e.g the freezing order
  • Unconscionability and equitable relief

Corporate Governance

  • Corporate governance - making and implementing decisions / the responsible person
  • Good governance and you - transparency / regulation / responsibility / accountability
  • Impact on specific areas: institutions; private / public / listed companies; medicos; HR; accountants and auditors
  • Codes e.g. Code of Corporate Governance
  • Penalties on default
  • A model code for all purposes
© Sihombing Law Mentors 2014