This workshop aims to equip delegates with an appreciation of the legal framework affecting contract formation, performance and termination.
Introduction
This intensive workshop explores the risks in commercial dealing and how contractual terms can help clarify rights and obligations between the parties.
This course is designed for:
The workshop will benefit those who are new to a commercial role, or who need to understand the legal framework that underpins commercial contracts.
Course structure
A practical one-day workshop consisting of nine session involving exercises, case studies, presentations and trainer-facilitated discussions. Each of the sessions will be led by an experienced facilitator and will feature the key principles and practical methods which may be used in the contracting process, together with practical case study sessions to maximise the transfer from the workshop to the workplace.
Benefits of attending
Attendance will help raise understanding of the ‘battle of the forms’ and the importance of contractual terms and conditions.
As well as this delegates will gain three key benefits from attending:
- More appreciation of the basis upon which contractual terms are agreed
- More understanding of the contractual remedies for breach of contract
- Less likelihood of exposing their organisations to contractual risk through inappropriate contractual behaviour
Key learning outcomes
- Describe the purposes of contracts under Australian contract law
- List the essential elements needed to form a contract
- Relate the legal principles to typical business exchanges between commercial entities
- Distinguish between different contract terms and describe their significance
- Demonstrate awareness of the issues in designing contracts and drafting contract terms
Course Content
Introduction – the nature of a contract and its formation
- The legally enforceable bargain
- Precedence between different contract documents
- Privity
- Misrepresentation
- Contract amendments
The shape and purpose of a contract
- The need for a contract document
- Special features of your organisation’s contracts
- Standard contract forms (if relevant)
- Other forms of contract
- The objectives of a contract, including the allocation of risk
Formation of a contract
- Pre-requisites to form a contract
- Offer
- Counter offer
- Acceptance
- Consideration
The “Battle of the Forms”
- Analysis of RFPs and RFTs
- How to win the battle of the forms
- eCommerce and the battle of the forms
Types of contract terms
- Express terms
- Implied terms
- Conditions
- Warranties
- Representations
The form of a contract and drafting clauses
- Form of the contract
- Use of language
- Dictionary of legal terms
What is meant by “breach of contract”?
- Breach of a warranty
- Breach of a condition
- Liquidated damages
Contract termination
- How can a contract be terminated?
- “Termination for convenience”
- Obligations upon the parties
Contracts as part of risk management
- Transferring risk to other parties
- The balance of power
- The role of procurement and corporate counsel
