Business Contract Law Training Course
Duration
2 days
What is this course about?
There are both
risks and benefits to every contract. Do you have the necessary legal
knowledge to recognise and understand the contracts you are involved with?
This course is a complete guide to contract law for business.
By
carefully guiding you through every element of contract law you need this
course will ensure that you are able to minimise the risks contractually
and maximise the benefits available. You will learn the importance of risk
analysis, the legal consequences of both your words and actions and gain a
thorough understanding of the rules that regulate the formation and
enforcement of commercial contracts.
The training consultant will spend
time before the training takes place to review and understand the typical
contracts your organisation / delegates are used to dealing with. The
course will then be tailored so that the elements of contract law most
relevant to you are highlighted throughout the duration of the training.
Who
would benefit?
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Contract managers / officers
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Commercial managers / officers
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Marketing managers
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Business development managers
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Financial directors
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Managing directors
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Project managers / engineers
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Buyers
Objectives
Delegates will be able to:
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Understand principles and practices of contract law
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Reduce the chances of contract pitfalls
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Improve awareness of their own actions
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Negotiate from a position of strength
Key topics covered
1. Preparing for commercial negotiations
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Interpersonal skills
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Defining negotiating objectives
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Identifying issues
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Setting margins
2. Inviting tenders and making offers
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Wording of invitation
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Specification of work or deliverables
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Ownership of products, designs or results
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Adjudication of tenders
3. Making a contract
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Legal requirements for an enforceable agreement
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Agreements 'subject to contract'
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Letters of comfort or intent
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Form of contract
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Authority and signatures
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Registration of certain contracts
4. Performance of contract
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Acceptance of work or deliverables
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Payment
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Delays, force majeure and frustration
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Strict terms
5. Non-performance and breach of contract
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Significance of conditions and warranties
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Assessment of compensatory damages
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Penalties and liquidated damages
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When and where to sue, including arbitration and judicial enforcement
6. Defences to alleged breach of contract
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Justification
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Non-adherence to specification
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Misrepresentation
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Economic duress
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Mistake
7. Avoidance of limitations of risks
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Common law on disclaimers
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Statutory control of unfair disclaimers in supply contracts and
services contracts
8. Liability in tort
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Liability for negligent statements
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Negligent designs and technologies
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Disclaimers against negligence
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Strict liability for defective products
9. Impact of European Union law on contracts and contracting
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Competition law
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Free movement of goods
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Public procurement law
10. Analysis of typical supply terms - including:
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Whose terms apply?
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Payment
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Retention of title
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Delivery
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Liability
11. Analysis of typical manufacturing licence - including:
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What is intellectual property?
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EU Block exemption for technology
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Transfer agreements
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Royalty terms
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Infringement claims
12. Analysis of typical marketing agreement - including:
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Agency or distributorship?
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Exclusive or non-exclusive?
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EU Block exemption on exclusive distribution agreements
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Commercial Agents Regulations 1993
