Workshop on Law and Contracts: Terms and Conditions

Program overview:

There are many kinds of contracts. Marital contracts, business contracts, intellectual property contracts, liability waivers, real estate contracts, loan agreements and licensing agreements, just to name a few. Each of these contracts is subject to generally observed rules of contract law. For example, a contract must have an “offer,” an “acceptance” and “consideration” in order to be considered legally enforceable.

The terms and conditions of a contract outline the rights and obligations each party has as a result of the agreement that has been struck. If one party does not honor the terms and conditions of the contract, the other party could potentially take legal action (or other action as outlined within the text of the contract) in order to enforce their own rights under the agreement.

For whom:

This course is designed for contract administrators, contract professionals, and project coordinators and managers. It will equally be of benefit to; supply officers, buyers, purchasing & procurement professionals, project managers, senior sales personnel, managers and executives and senior managers, operations managers, finance managers, and commodity specialists. Claims personnel, including legal advisers and contracts managers can also benefit from this course.

Learning objectives:

At the end of the workshop the participant will be able to:

• explain the elements of law and contract term and condition;
• interpret a given set of contract term;
• develop skills to draft and analyze contracts clauses;
• read and understand complicated terms and conditions;
• use a hierarchy of terms as negotiating positions;
• act as an intelligent customer to legal advisors;
• negotiate more complicated terms and conditions for better deals; and
• explain the damages that may arise from failures.

Course Outline:

Day 1: The background of Common Law on Contracts

• Elements of Contract Law
• The legal process of the contract
• The 7 essentials of a valid contract
• The unfair contract terms act

Day 2: Terms and Conditions

• Drafting Skills
• The consumer right act
• Analyzing Contract Clauses – Sales
• The sales of goods act
• Analyzing Contract Clauses – Purchasing

Day 3: Risk management

• Dealing with Risk
• Intellectual Property Rights
• Disputes over Payment
• Effective Administration Techniques
• Contract Control – A Summing Up

Day 4: Reading and Interpreting Contracts

• Interpreting a given set of contract terms
• Structure of business agreements
• Definitions and interpretation
• Tort and criminal liability
• Identification of terms, warranties and conditions
• Commencement and termination

Day 5: Third party rights

• Contracts (Right of Third Party) Act and doctrine

of privity of contracts

• Intellectual property rights – patents, trademarks

and copyrights

• Warranties, liabilities, indemnities and guarantees
• Golden rules for drafting and interpreting commercial contracts
• How to tailor a standard form agreement or precedents?
• Pre-contractual documents

Training Methodology

Lectures, discussions, exercises, and case studies will be used to reinforce these teaching/learning methods.