Topics Discussed:

1. When the Contract Doesn’t Match the Deal
   Aligning the wording with the commercial agreement, avoiding precedent pitfalls and identifying deal breakers.
2. Definitions: When One Word Changes the Deal
   Managing wording that expands obligations, excludes expectations or shifts risk.
3. Conditions: When the Deal Doesn’t Become Binding
   Drafting clear conditions, allocating responsibility and setting deadlines and consequences for non-fulfilment.
4. Payment: When the Money Doesn’t Flow
   Negotiating payment triggers, milestones, disputed invoices, withholding and set-off.
5. Warranties: When the Seller Promises Too Much
   Negotiating meaningful warranties, qualifiers, disclosures, exceptions and survival periods.
6. Indemnities: When Risk Transfers Unexpectedly
   Defining the risks transferred, managing third-party claims and avoiding overlapping remedies.
7. Liability: When the Cap Doesn’t Limit Exposure
   Negotiating effective caps, carve-outs, indemnities and consequential-loss exclusions.
8. Breach and Termination: When You Can’t Exit
   Creating workable termination rights, cure periods, exit triggers and surviving obligations.
9. Force Majeure: When the Unexpected Happens
   Allocating unforeseen risks through clear event definitions, notice, mitigation and suspension or termination rights.
10. Dispute Resolution: When the Clause Creates Conflict
    Choosing practical escalation, arbitration and court procedures, including access to urgent relief.

• What did the parties actually agree?
• What does the contract actually say?
• What could go wrong?
• Who carries the risk?
• Does the clause work commercially as well as legally?
• What is the other side likely to push back on?
• What should the client concede and what should the client hold firm on?
• Do the clauses work together consistently?
• Can the client actually exercise the rights the contract appears to give them?
• Would the contract still work if the relationship between the parties deteriorates?

Presented by: Mr Nihann Williams

Nihann Williams is a Commercial and Property Attorney with multiple years of legal experience specialising in commercial law, property law, and contract drafting. He advises clients across a range of industries on structuring, negotiating, and concluding legally sound agreements, with a strong focus on practical, commercially driven solutions. He holds an LLB degree as well as a Corporate Law Certificate and has developed a particular interest and expertise in Commercial Law and the retail property sector. Nihann’s work focuses on helping businesses and individuals understand and confidently navigate contractual risk, ensuring clarity and enforceability in every agreement they enter into.

All Included:

• Recording of the webinar
• Q&A with the presenter
• Downloadable course material
• Certification of training
• Assessment (optional)
• SAIT Accredited (2 verifiable CPD hours)