Key Learning Objectives
- Identify the legal issues which arise from using certain contract terms clauses
- Review select terms and conditions and identify when and where these should be used in contracts
- Examine and develop practical approaches to the following terms, conditions and clauses: indemnities, insurance, payment, bank guarantees, force majeure, liability, liquidated damages and termination
- Maintain control of the contracting process by using terms and conditions and designing an appropriate framework
- Consider advanced drafting techniques to ensure terms and conditions do not create ambiguity and uncertainty in contracts
About the Course
Third in our contract law series and our CMP certification, this course is designed to de-mystify complex and confusing terms and conditions to take the headache and procrastination out of contract analysis. One of the biggest costs to business today is the time taken to understand the true meaning, intent, and associated implications and liabilities for individuals and organisations.
As the economy picks up, many more contracts are being written with a myriad of complex terms and conditions. These, often extremely critical terms and conditions get glossed over and sometimes overlooked, resulting in $1000s in time wasted, project hold ups and legal fees to establish fault and compensation. The course will take a step by step approach through some of the most complex contracts we are faced with in business.
The course will cover a wide spectrum of industry sectors, and will be adjusted and tailored to suit the participants’ needs on the day. The instructor will spend detailed time teaching participants how to interpret examples, and take their interpretative and analysis skills back to their workplace.
Who Will Benefit
- This practical advanced course is relevant for ALL those who have dealings with contracts in their everyday business environment – in any industry sector
- This course looks at contract law in much detail and should not be attended by anyone who has no understanding of the law
- Participants with a very good understanding of law and a good practical background are well served by this course
- It is not advisable to attend this course before our ‘Contract Law Fundamentals’ or ‘Contract Law Masterclass’
The CMP Certification Framework
The CMP provides a robust method of up-skilling and recognising an individual’s expertise and experience in contract management and procurement. Our combination of in-class teaching, facilitation, knowledge based testing and workplace evidence based examinations has been carefully crafted to not only teach knowledge and skills, but to also demonstrate how individuals can apply their knowledge to work based situations. This Certification is recognised by IIBT and IACCM.
Informa Corporate Learning is a Learning Partner of the International Association for Contract and Commercial Management (IACCM), which promotes the international standards and practices for defining and managing trading relationships.
The International Institute of Business & Technology Aust (IIBT) is a highly respected, Government approved, Australian provider of higher education and VET programs. Their suite of programs includes a University level Diploma of Business Administration, equivalent to the first year of a business related undergraduate degree at Australian Universities.
THE IIBT / INFORMA CORPORATE LEARNING ALLIANCE
IIBT and Informa Corporate Learning joined together to provide a pathway for those who complete Informa’s CMP at the Master level. All CMP Masters will receive Recognised Prior Learning (RPL): 2 units of credit in the 12 month, Higher Education, University level Diploma of Business Administration.
- Business Law (BL101)
- Management in Organisations (MGT101)
*This is a Higher Education Diploma equivalent to first year university NOT a Vocational Education Diploma.
Click here for more information.
“Good at engaging with students, terrific examples, well spoken, always has an answer. I would attend any of his courses.”
Estimator Services Projects, Outotec Pty Ltd
“Terry is a very engaging presenter and provides a rich array of examples to aid understanding. My experience with Informa was positive from beginning to end…Terry was an excellent presenter and the course content was well constructed and relevant. Terry took what was potentially a dry topic and brought it to life.”
Project Manager, KBR
“More in-depth knowledge on contract law and details of the topics presented. The course manual is sufficient enough for me to use them as a reference in the future.”
Commercial Optimisation Lead, Origin Energy
“The use of real life examples that explained in great detail the theory, helped solidify understanding of complex concepts.”
Legal Assistant, PTTEP Australasia
THE BENEFITS AND PITFALLS OF USING STANDARD FORM CONTRACTS
- The objectives of standard terms
- Designing a framework to ensure control over the terms and conditions
- Assessing the limitations of standard form contracts
- Ensuring that a purchaser’s standard terms prevail
PROCUREMENT CONTRACTS – RISK ALLOCATION AND DRAFTING CLAUSES
- Selecting strategies to manage risk in procurement contracts
- The use of clauses to win a ‘battle of the forms’
- Statements of work and the issues around their drafting and inclusion
- Assessment of draft clauses used to allocate risk
- Implied terms in procurement and the practical issues which arise
- Examination of intellectual property clauses and assess their effectiveness in practical situations
RISK MANAGEMENT IN CONTRACTS AND THE USE OF WARRANTIES, INDEMNITIES AND EXCLUSION CLAUSES
- Outline of basic liability at common law
- The different types of losses which need to be provided for
- Discuss the differences between general damages, consequential loss and normal loss
- Drafting consequential loss clauses which will be enforceable
- Define exclusion clauses and examine the rules of interpretation which apply
- The exclusion of liability for negligence, misleading and deceptive conduct, and terms implied by the Consumer and Competition Act
CONSUMER AND COMPETITION ACT
- Definition and categorisation of indemnity clauses
- The legal rules of construction which apply to indemnities
- Examine the case law and examples and how courts deal with the application of such clauses
- Drafting indemnity clauses for maximum protection and impact
THE USE OF INSURANCE TERMS IN CONTRACTS
- A detailed examination of insurance clauses in contracts to assist in their negotiation and inclusion
- The impact of legislation on the application of insurance clauses
- Identification of contract risk and who bears the risk in a contract
- Limits of liability, periods of insurance and the issue of noted and insured parties
- Examination of cross liability and non-imputation clauses
- Defining insured and the problems which arise when the definition is not clear
- Jurisdictional issues
- Drafting techniques and case examples of insurance provisions
TERMINATION AT LAW AND TERMINATION FOR CONVENIENCE
- An outline of termination at common law
- Examine the cases which support termination and the practical approaches to termination
- The current standing of termination clauses in contracts
- Drafting termination clauses in different types of contracts
- The use of termination for convenience clauses in contracts
- The common law rules and termination for convenience
- Restrictions on the right to terminate for convenience
- The importance of ‘good faith’ and its impact on these clauses
- The impact of unconscionability on convenience clauses
- Drafting suggestions for termination for convenience clauses
THE ISSUES SURROUNDING LIQUIDATED DAMAGES AND THE PRACTICAL APPROACH TO USING LIQUIDATED DAMAGES CLAUSES
- What are liquidated damages and when should they be used
- The legal principles surrounding the enforceability of liquidated damages clauses
- The relationship of these clauses with other contractual remedies
- The practical aspects of using and getting the most out of these clauses
- An examination of the case law and the development of a practical response to using liquidated damages clauses
FORCE MAJEURE CLAUSES AND THEIR USE IN CONTRACTS
- Why are these clauses necessary in contracts?
- The key points to consider when drafting a force majeure clause
- Review of examples of well drafted and poorly drafted clauses
THE USE OF BANK GUARANTEES IN CONTRACTS
- How to incorporate bank guarantees in contracts
- The common law rules and how to manage them when using bank guarantees
- Assessing guarantee clauses in contracts by examining cases and considering the practical issue
PAYMENTS CLAUSES IN CONTRACTS
- The objectives of payments frameworks
- An examination of the various models
- Issues to consider when designing a payment model in contracting
- The key legal and practical elements and issues in payment clauses
- An examination of statutory examples of payment legislation
CASE STUDY ANALYSIS THROUGHOUT THE COURSE
The course will underpin the legal rules which apply to contracts by using case examples and a detailed case study to suit the participant’s specific needs on the day.
All case studies and examples will provide an excellent opportunity for participants to apply the legal principles which will assist in the development of organisational systems to promote better use of contracts.
when & where
26 - 27 Apr 2018
30 - 31 Jul 2018
On-site & in-house training
Deliver this course how you want, where you want, when you want – and save up to 40%! 8+ employees seeking training on the same topic?
Talk to us about an on-site/in-house & customised solution.