An Intensive 5-day Training Course
Advanced Contracts Law
Achieving Contract Excellence in Theory & Practice
Course Introduction
This Advanced Contracts Law training course is designed to equip contract managers, legal officers, contract negotiators, administrators and anyone involved with legal contracts with a detailed understanding of commercial contracts, remedies and damages. Learning how to be a better legal specialist will enable you to progress in your career, while permitting your organisation to gain the maximum benefit from your skills within your chosen sector.
This highly interactive training course is tailor-made for legal and contract professionals in a variety of sectors and will help you to understand how successfully to maximise your business specialisms in some of the world’s most challenging environments.
This Oxford Management training course will highlight:
- A comprehensive legal overview, including an introduction to key definitions, structures and the various different forms of contract
- A detailed analysis of how a contract is formed
- The issues and challenges associated with the drafting of commercial contracts
- An in-depth examination of contract enforceability and the role of the Courts
- Ways in which a contract can be avoided and remedies for breach pursued
- The meanings and application of misrepresentation, termination and force majeure
Objectives
At the end of this Advanced Contracts Law training course, you will learn to:
- Devise and draft a fully-featured, bullet-proof commercial contract
- Understand various remedies to enable the enforcement of contractual terms and conditions
- Appreciate the role of the Courts, arbitration and mediation in the interpretation of contractual terms
- Plan an exit from a commercial contract with minimal negative impact
- Predict and calculate various types and amounts of contractual and other damages
- How to interpret contractual terms to maximize your organizational benefit
Training Methodology
Delegates will be involved in a highly interactive learning environment, learning how to identify the tips and tricks that professional contract writers & negotiators use to maximize the benefit to their organisation.
The Advanced Contracts Law training course methodology will include handouts, flipcharts, questions and participation from participants, as well as the course tutor posing a series of scenarios and both real-world & theoretical examples.
Organisational Impact
Organizations will gain the following from attendance by their key staff:
- An understanding of how to devise sector-specific contract frameworks
- An ability to implement their negotiating expertise
- A greater insight into the legal workings of the commercial sector
- A specialist appreciation of each element of the commercial contractual process
- The difference between – and relevance of – primary legislation, secondary regulations and tertiary contractual obligations
- The trade-off and organizational balance between contractual and tortious obligations and liabilities in a commercial environment
Personal Impact
Participants will gain:
- An enhanced knowledge of legal theory, with direct practical relevance to the commercial environment
- An appreciation of legal and regulatory mechanisms affecting the commercial sector
- Practical understanding of how to apply their legal knowledge to their everyday contractual environment
- Which legal tools to leverage to give the best results in the commercial landscape
- The value of good legal knowledge
- How to deal with a contractual crisis
Who Should Attend?
The Advanced Contracts Law training course is designed to benefit existing and newly appointed legal department personnel, directors and other staff in the commercial sector.
In particular, the following will find it invaluable:
- Those new to the commercial contract sector
- Existing personnel in the sector, who are migrating to a legal and/or contract related job role
- Contract or legal department staff looking to gain a greater insight into the sector
- Staff wishing to understand how the legal frameworks governing contractual obligations & responsibilities affect their job function
Course Outline
Day 1
The Fundamentals of a Legal Contract
- What is a contract?
- How does a contract come into existence?
- How many parties can a contract have?
- What is “Consideration”?
- When can a contract be implied?
- Who can enter into a commercial contract?
- Can a contract be illegal?
- Does a contract need to be written?
Day 2
Drafting a Commercial Contract
- The pre-contract landscape
- What is an “invitation to treat”?
- Key clauses, terms, conditions and their applications
- Structuring costs, payments and obligations in the contract
- Determining which party carries which liabilities
- How to exclude pre-contract negotiations from a final agreement
- Which parties are the signatories
- Drafting a contract to limit commercial liability
Day 3
How Tort and Duty of Care Can Support Contractual Obligations & Liabilities
- What is tort?
- What are the principles of negligence?
- Estoppel and assurance – what are these and when do they apply?
- How negligence can operate to extend traditional contractual obligations
- Privity and novation – their importance within a contractual environment
- Contractual and tortious liabilities – the pre and post event positions
- Consequential losses
- Liquidated and unliquidated damages
Day 4
Misrepresentation and Recission of the Contract
- The principle of the “reasonable person”
- Applying the “contra proferentem” rule
- Unfair contracts – when and how does this doctrine apply?
- Breach of performance under the contract
- Terms implied by statute or the Courts
- How restricting contractual liability might be interpreted by the courts
- The practical effects of cancelling a contract
- Frustration, force majeure and common mistake
Day 5
Arbitration and Mediation versus Litigation
- Practical reasons to avoid litigation
- Anticipating contractual disputes – planning your remedies
- Using the Courts as a final option
- Injunctions – when to act to protect your interests
- Intellectual property – establishing proof of ownership
- Adopting techniques to manage contractual risk
Certificate
Oxford Management Centre Certificate will be provided to delegates who successfully completed the training course.
Accreditation
