Understanding Warranties, Conditions Precedent, and Subjectivities

About the course

This course offers a focused exploration of key contractual terms within the context of English law, specifically warranties, conditions precedent, and subjectivities. Through practical examples and comparative insights, delegates will develop a clear understanding of how these terms operate, their legal implications, and how they differ across jurisdictions. The session also considers how to apply this knowledge in practice to support client interests and navigate contracts governed by other legal systems.

Course Objectives

By the end of this session delegates will be able to

• Explain the nature of warranties under English law and how that might contrast with other legal systems
• Explain conditions precedent to contract, with examples and conditions precedent to liability and how they differ
• Explain the nature of subjectivities, why and how they are used

Course Contents

• Different types of terms in contracts under English law and the impact of them being breached
• What are warranties
  • Express and implied (implied only for marine)
  • Impact of breach under English law
  • Differences with other legal systems
• Conditions precedent
  • To contract
  • To liability
  • Impact of breach under English law
• Subjectivities
  • What are they
  • Why are they used
  • How to ensure they work properly
• Considerations of what is best for the client in any situation
• Consideration of where contracts are not subject to English law