Indemnities in Commercial Contracts - Getting the Drafting Right – Leo Cussen Centre for Law

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Indemnities in Commercial Contracts - Getting the Drafting Right

Indemnities in Commercial Contracts - Getting the Drafting Right

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Indemnity clauses are a critical component in managing commercial risks and allocating liability. Yet, they are often poorly drafted, overlooked or neglected during negotiations. They can only emerge significant when disputes or unforeseen losses arise.  

This seminar focuses on drafting effective indemnity clauses, equipping lawyers with the skills to structure, interpret, and negotiate indemnity clauses that are clear and enforceable, covering:  

  • Definition, categorisation and purpose of indemnity clauses. 
  • The legal rules of construction – Drafting techniques that are specifically tailored for indemnity provisions.   
  • Drafting enforceable indemnity clauses that effectively manage risk. 
  • Common drafting pitfalls – Ambiguities, exclusions, and overlaps that can weaken indemnity coverage. 
  • Recent decisions illustrating how drafting language influences outcomes in disputes.