How far can ‘commercial’ behaviour go before it tips into something improper? Join our seminar where we present guidance from some recent cases.
At this seminar we will discuss:
• When does a party’s commercial behaviour become sharp practice? When is a party liable for its sharp practices in commercial negotiations? Are unfavourable terms hidden in the contractual documents? Is the counterparty proceeding on the basis of false assumptions/representations/mistake? Has a previously correct representation become untrue? Is the party aware of/wilfully turning a blind eye to the counterparty’s misunderstandings? How does this all fit with an EAC? Does a party’s negotiating position amount to an improper threat (ie does it go substantially beyond what is normal or legitimate in commercial arrangements)?
• What is the current test for “Dishonesty” – lessons from recent case law
• When is a party liable for the improper behaviour of others? What is the commercial matrix? Does it make sense? Are there any indications of improper conduct (eg unusual level of fees for services provided, investment advice always the same irrespective of the commercial setting)? Are there any fiduciary or agency relationships? Actual knowledge of a third party’s particular improper behaviour is not necessarily required for liability if a party has knowledge of/involved with different (possibly less serious) corrupt arrangements?
• What are the consequences of improper conduct? What are the repercussions (eg rescission, damages, reputational, regulatory, criminal)?
• What can a party do to minimise liability? What practical steps can be taken to protect our client from liability for the improper behaviour of others (eg transparency)?
Date: Wednesday 31 January 2018
Time: 8.30am – 9.30am
Location: One Bishops Square, London, E1 6AD