Banking & Finance Contractual Capacity: Navigating the Complexities

Introduction

Are you or your clients involved in banking, finance, or project transactions - whether domestic or international - governed by English law or beyond? Understanding the intricacies of contractual capacity is crucial, not just for mastering the basics, but for staying ahead of evolving trends in this vital area. This virtual classroom session will help you sharpen your current knowledge while introducing you to the latest developments, ensuring that you can confidently guide your clients and protect your practice.

Through a highly interactive and engaging format, you will gain practical, actionable advice on the often-overlooked and challenging aspects of contractual capacity. It will delve into recent case law, share expert tips, and explore documentary examples to improve your confidence and efficiency, empowering you to offer the best possible professional service. It is suitable for those interested in global commercial, banking and financial markets.

By the end of this session, you will be equipped with the knowledge and tools to navigate the complexities of contractual capacity with greater confidence and skill.

What You Will Learn

This live, interactive course covers a wide range of critical topics, including:

• Foundations of Legal Capacity: Understanding the capacity of individuals, corporations, partnerships, and public authorities in contract law
• Written Contracts Under English Law: Key areas where written contracts are required and why it matters
• Principal or Agent: Why this distinction is essential, and how to accurately identify it in practice
• Recent Legal Developments: A review of UK, EU and US case law and legislative updates impacting contractual capacity
• Burden of Proof in Disputes: Navigating disputes around contractual authority, with a focus on landmark cases such as Gregor Fiskin Limited v Bernard Carl [2021]
• Actual Authority Explained: An exploration of ‘express actual authority’ and ‘limited actual authority’
• Apparent Authority: How to establish and manage apparent authority, including key insights from Athena Brands Ltd v Superdrug Stores Plc [2019]
• Fiduciary Duty: The importance of acting in the principal’s best interest, illustrated by OPM Property Services Ltd v Venner [2004]
• Estoppel and Statutory Authority: Understanding the concepts of estoppel, apparent, and statutory authority, and their practical application
• Reasonable Reliance vs. Irrationality: The critical differences and implications, as demonstrated in Thanakharn v Akai Holdings Limited [2010]
• Apparent and Implied Authority Coexistence: Exploring the intersection of authority types and the concept of Corporation Aggregate
• Key Statutory Provisions: Reviewing crucial statutes, such as the Law of Property Act 1925 and Companies Act 2006, and their impact on contractual capacity
• Third-Party Protection: How the abolition of the doctrine of constructive notice affects transactions and what it means for your clients
• Validating Transaction Authorisation: Practical steps for ensuring that transactions are properly authorised
• Partnerships and LLPs: Key issues with traditional partnerships, limited liability partnerships (LLPs), and the role of partnership agreements in contractual capacity
• International Challenges: Addressing the complexities of working with overseas companies and non-Companies Act entities
• Case Studies: Real-world scenarios showing what can go wrong, along with practical, preventative measures

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.