Drafting and understanding indemnity clauses: Skills series
Course Overview
Indemnity clauses play an important role in managing the risks associated with commercial transactions by protecting against the effects of an act, a contractual default or another party’s negligence. Special care should be taken when drafting an indemnity clause, so its resulting interpretation and operation is not contrary to what the parties intended. This course will focus on reducing and managing risk for your client through the drafting and negotiation of contractual clauses with a particular focus on indemnities given their importance to risk allocation.
At the end of this course, you’ll be able to:
- Explain the elements of a well drafted risk allocation clause
- Distinguish between a representation and a warranty
- Determine areas of risk in a practical scenario
- Identify drafting errors in an indemnity clause
You will refine the skills you need as a commercial lawyer to better translate your client’s objectives into clear and operational contractual terms.
The course contains content that falls within the mandatory CPD categories of Professional Skills and Substantive Law.
Course Structure
- Overview of contractual risk sharing tools
- Damages
- Indemnity clauses
- Contractual risk allocation: the business context
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Frequently Asked Questions
The course contains content that falls within the mandatory CPD category of:
- Professional skills
- Substantive law
With our online on-demand interactive courses, you can learn when and where it suits you. We’ve designed each course to provide both education and enjoyment.
Each course offers a mix of engaging exercises, where you’ll gain access to:
- Interactive activities to challenge your understanding and put your knowledge to the test. You’ll also enjoy engaging exercises, such as flip cards, quizzes and drafting activities.
- Clearly identified outcomes so you know precisely what you’ll learn – and the skills you’ll gain. You’ll also be able to track your development and focus on key improvement areas.
- Extended course access so you can reference the material as you need – or revisit it should life get in the way.
- Feedback and template answers so you can refine your skills, grow your knowledge and gain fresh insights.
Access each module on the College’s learning portal. When you buy a single, you’ll have 24/7 unlimited access for 12-months from the date of purchase.
Does this educational activity extend your knowledge and skills in areas that are relevant to your practice needs or professional development?
If so, and you’re not a WA practitioner, you should claim 1 unit for each hour of participation, not including breaks.
Please check your local CPD rules for any caps on activity types, such as the private study of non-interactive audio/visual materials. You are responsible for keeping your own CPD records and complying with your local CPD rules.
No. Western Australian practitioners who complete our on-demand courses are currently unable to claim CPD points.
However, you may earn CPD points by attending select live CPD events or by completing select CPD Interactive modules.