Business Contract Law
Course Programme
Course Programme
Below is our course programme for Business Contract Law. This programme forms the standard agenda for our open business contract law courses or it can be tailored specifically for your organisation on an in-company basis - using your own contract scenarios.
Duration
1 day.
What is this course about?
The course provides a full introduction and update on business contract law. It gives you the skills to ensure you avoid contract pitfalls, do not enter into contracts without realising your documents, heads of agreement or letters of intent are legally binding, teaches you have to avoid the 'battle of the forms' and how to secure clauses within your contract which well protect your business.
Do you know how to draft a contract or negotiate amendments so that your business is not exposed? This course is a complete guide to business contract law.
The course takes you through all the major areas of contract law from warranties and indemnities to limitation of liability, from how to draft the agreement, ensure performance and termination rights.
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.
Outcomes
As a result of attending this training course delegates will be able to:
- Understand principles and practices of business contract law
- Dramatically reduce the chances of contract pitfalls
- Improve awareness of their own actions
- Negotiate from a position of strength
Who would benefit?
This course is suitable for:
- Contract managers / officers
- Marketing managers
- Business development managers
- Financial directors
- Managing directors
- Project managers / engineers
- Buyers
Key topics covered
This course will cover the following topics:
1. Contract Basics - Preparing to contract
- What is a contract?
- Documents and agreements
- Getting the 'soft side' right - what form of contract to use to ensure maximum chance of acceptance
- Heads of agreements and letters of intent
- Specifications
- Authority to sign contracts
- Typical contracts - precedents provided
- Agency agreement and Commercial Agents (Council Directive) Regulations 1993
- Distribution agreement and impact of EU vertical agreements regulation -
- EU competition law (Article 101 TFEU) and contracts
- Terms and conditions of sale
- Terms and conditions of purchase
- Patent Licence
2. Case Study
- Contract law exercise - case study on contract formation
3. Terms
- Implied
- Express
- Standard terms
- Warranties
- Indemnities
- Commercial laws - Provision of Services Regulations 2009
- Impact of EU public procurement rules
- Other relevant clauses in contracts
4. Contract Drafting
- Workshop on drafting contracts in practice
5. Limiting and excluding liability
- Consequential and direct loss
- Impact of unfair terms law
- What is best practice in terms of exclusion and liability clauses?
- Force majeure / Act of God clauses
6. Limitation of liability clauses
- A Practical exercise applying learning on liability clauses
7. Intellectual Property Rights
- Patents
- Copyright
- Trade Marks
- Designs
- How to ensure you keep or acquire IP rights
- How to draft IP clauses and indemnities in contracts
8. Termination and Management of Contracts
- Managing your contracts to best advantage
- Practical tips and hints
- Termination clauses in agreements
- Arbitration and litigation issues
- International contracts - foreign law issues
Training Options
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