Contract Terms and Conditions - The Law

Course review:

English Law is often chosen by organisations operating internationally as the preferred Law for their contracts, and yet many people feel uncomfortable as they possess insufficient depth of knowledge to really understand what's going on. Contracting & Procurement staff, sales people and their legal advisors all need a good knowledge of the law in order to have a solid base on which to negotiate binding contracts, resolve disputes and enforce terms. This 5-day course is designed for people such as these.

The course is designed to allow participants to:

1. Gain knowledge and understanding.
2. Apply their knowledge' to business T&Cs to see what's really happening.
3. Use more complicated T&Cs.

By the end of the course, participants will be able to;

• read and understand complicated T&Cs.
• employ a hierarchy of terms and negotiating positions (ideal, realistic, fall-back and walk-away).
• apply a depth and strength of knowledge sufficient to negotiate with suppliers, contractors and customers.
• act as an 'intelligent customer' to legal advisors to help create a successful & coordinated inter-business relationship.

Topics covered include:

• A background of Common/Case/Statute Law & terminology.
• Review the '7 Essentials' of a valid contract ' and what happens if one is missing?.
• Review the legal process of the contract, through 'Puffs, 'Misrepresentations, Mistakes' etc.
• Identification of 'Terms' v 'Warranties' v 'Conditions'.
• What 'Damages' might you or they have to pay & the impact of Liquidated Damages.
• The Sale of Goods Act & the 5 'Conditions' including 'Satisfactory Quality' & 'Fit for a particular purpose'.
• The Sale of Goods and Services Act and the 3 implied 'Terms'.
• The Unfair Contract Terms Act ' and it's application (?) to International contracts.
• Romalpa clauses ' and are you bothered?.
• Tort & Criminal liability.
• The 'Risk Management Matrix' to analyse the importance/hierarchy of terms.
• Applying 'Negotiating Skills' to the Law.
• Identifying your options - Target, realistic, fall-back & walk-away.
• Ability to apply what they have learnt for the benefit of your company.