Drafting Guarantees and Indemnities – Leo Cussen Centre for Law

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Drafting Guarantees and Indemnities

Drafting Guarantees and Indemnities

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Guarantees and Indemnity clauses in contracts must be drafted with care, skill and precision to minimise the risk of ambiguity or unenforceability.   

The session will discuss:  

  • Key differences between guarantees and indemnities   
  • Principles applied by the courts in interpreting guarantees and indemnities  
  • Avoiding ambiguity – The reasonable business person test and ordinary meaning of words  

This session is designed to update your drafting skills, will offer constructive tips and pitfalls to avoid and discuss recent cases in this key area.