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Publication date: February, 2018

This activity has assisted other people in the following competencies: Technical legal practice

Full description

This webinar is for commercial practitioners who are drafting for non-performance eventualities and for litigators where the contract is in dispute.

  • What is the obligation and how can it be classified?
  • Material breach – what does it mean?
  • Time is of the essence- how late is material breach?
  • What is the relationship between material breach and repudiatory breach?
  • Recent Court of Appeal guidance on applying the test before termination
  • The effect of affirmation and waiver – even with the no-waiver boilerplate
  • Persistent or remediable breach
  • Reservation of rights in a large organisation.


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Helen Swaffield

is a barrister with 20 years' experience in commercial litigation. Within her practice at Contract Law Chambers & Advocates, London, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects and advice. Helen is the Editor of the Commercial Litigation Journal and the Procurement and Outsourcing Journal both published by Legalese and a regular legal Commentator and Broadcaster.

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