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Business Law Fundamentals for Non-Lawyers
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Business Law Fundamentals for Non-Lawyers

2-Day Training Course. A not-to-be-missed review of the diverse elements of law to which businesses are exposed: with a unique focus on the real & the practical steps that can be taken to ensure obligations & discharged & risks are managed to improve commercial decision-making, productivity & effectiveness.

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overview

Key Learning Objectives

  • Identify key legal obligations which apply to your department, division or company
  • Ensure you are complying with the legal framework in a manner which provides greatest benefit to your organisation
  • Ascertain the strengths and weaknesses in your current business systems and implement changes to better ensure the management of legal risk
  • Recognise where legal liability exists in business and design appropriate mechanisms to manage it
  • Manage any risk which arises out of the non-contractual liability in business
  • Understand the relevant implications of the laws of property and intellectual property
  • Understand the practical impacts of consumer, competition and employment law on your business operations
  • Appreciate how the law regulates business behaviour
  • Understand how to use contracts to manage business process and risk
  • Understand privacy, crime and fraud in the business environment and how to manage it
  • Understand the practical implications of electronic commerce
  • This course provides delegates with a fundamental grounding in they key areas of business law which is important for working in the corporate environments of today.

About the Course

The course begins with an introduction to business law, the legal framework, contract, torts in the business environment, consumer law such as the Consumer and Competition Act and misleading and deceptive conduct. It also examines the different forms of business organisations and the rules which govern their operation.

The course continues to examine liability and risk to an organisation that arises from property transactions and intellectual property, insurance, privacy, employment law, crime and fraud in the business environment and electronic commerce.

The material will be supplemented with various practical examples and illustrations of concepts taught to assist learning.

Who Will Benefit

This course is relevant for ALL those involved in the operation and management of a business. It could range from a technical person with no legal background, or a commercial manager who needs to brush up on all elements of the law, not just contracts.

It’s a great review course for those who have studied business law at university, however would benefit from a refresher that specifically applies the legal framework to their specific business situations. It is also useful for those who have attended our contract law courses wishing to broaden their knowledge base around the law, in an applied context.

How In-house Training works?

Interested in exploring how our In-house Training works?

Cost-effectiveness aside, one of the biggest benefits to our clients of in-house training is the opportunity to customise and tailor the content, delivery method and exercises of a training course to their exact needs. In order to achieve this, we follow a collaborative approach to bring the client & the trainer together to explore needs, shape content and define outcomes.

This video will give you an insight into the process and how bespoke courses are achieved. For more information please contact Holly on +61 (02) 9080 4454 or email training@informa.com.au.

Testimonials

This course brought together a lot of knowledge I had but now will give me the ability to act more confidently in my role in contracts.
Contracts Specialist, Woodside

Watch webinar

Our expert course trainer Sean McCarthy delivered an insightful webinar on “Using & understanding contracts as tools for ensuring deliverables”.

You’ll learn:

  •  Overcoming some of the common challenges associated with managing contracts
  •  How contracts act as tools for achieving set outcomes across deliverables or projects
  •  The importance of contract interpretation and building confidence in dealing with contracts

Course Outline

An introduction to business law

  • What is law and how does it impact on commercial practice?
  • Case Law – how to find relevant cases which apply to business practice
  • The court structure in Australia and the doctrine of precedent
  • Statutory Law – its relevance to business and interpretation
  • Legal resources – an examination of on-line resources to assist business managers
  • The various alternatives to resolving disputes

Review of contract law

  • The essential elements of a contract
  • Factors affecting contract performance including capacity, legality of objects, terms – express and implied, termination
  • Various remedies available for non-performance
  • Risk management in the contract process
  • Determining the risks in the contract and the contractual process
  • Contractual governance and how this should be introduced
  • How to interpret the contract
  • The use of various clauses to manage risk within the contract

Torts in the business environment

  • The concept of torts and the torts which are relevant to business
  • The differences between obligations in tort and contract
  • Negligence – its essential elements and how it arises in the business context
  • The tort of negligent misstatement and its relationship with the Competition and Consumer Act
  • Economic Torts and there relevance in business
  • Damages in Tort

The various elements of consumer law

    • The importance of consumer law in business related issues
    • The legal framework and how to incorporate into business operational systems
    • The various consumer remedies
    • The Competition and Consumer Act and how it regulates consumer behaviour
    • Misleading and deceptive conduct
    • Representations made in business and their regulation by the Competition and Consumer Act
    • Other unfair practices including offering gifts and prizes, referral selling, bait advertising
    • The Sale of Goods Act and the terms which it incorporates into contracts and remedies available
    • The legal framework for manufacturers’ liability including common law and legislative

requirements

  • Risk management in the context of consumer transactions and alternative dispute resolution approaches

Business organisations & legal structures

  • The different forms of business organisations and the rules regarding incorporation
    • Sole traders, trusts, franchises, incorporated companies and joint ventures
    • Determining an appropriate business structure and associated risks
    • The rights of third parties when dealing with various organisations
  • The rules relating to the incorporation of companies
    • The obligations of directors within a company structure including common law and statutory
    • Corporate governance and compliance requirements in companies
  • The establishment and use of trusts in the business context
    • The obligations and liabilities of trustees and management of trust activities
  • The legal framework for incorporation of partnerships
    • The liability of partners to each other and outsiders
    • The methods of managing risk and dissolution of partnerships

Property

  • Property defined
  • The relevance of property rights in the business environment
  • Practical considerations in retaining control of property
  • The enforcement of rights by third parties over property
  • Risk transfer
  • Real property, the rules and how interests in land are created

Intellectual Property

  • Intellectual Property (IP) defined
  • Rules relating to various types of intellectual property including copyright, designs, patents, and trade marks
  • Identifying the most appropriate IP protection methods
  • Limitations of IP and managing associated risks
  • The use of contractual provisions in the protection of IP
  • The common law right of confidential information
  • The operation of the Competition and Consumer Act on IP

Insurance

  • The importance and relevance of insurance in the business context
  • The regulatory and common law framework for insurance
  • Identification of situations which require insurance in business and obligations on business management when dealing with insurance companies
  • The duty of disclosure
  • A discussion of important types of insurance including indemnity, contingency and public liability
  • Insurance contract formation and the use of clauses to manage liability
  • The advantages and disadvantages of using insurance intermediaries

Employment law

  • The issues arising in the employment relationship
  • The issue of representations made when employing individuals
  • Identification of relationships classified as employer/employee
  • The legal framework that regulates the employer/employee relationship
  • The employment contract – essential elements
  • An examination of important contractual clauses including indemnity provisions and restraint of trade clauses
  • Other legal liability in employment including vicarious liability

Crime in the business environment

  • The definition of crime and the ambit of crime in the business context
  • The problem of white collar crime and case studies highlighting various examples
  • Methods of identifying crime and minimising it in the work place
  • An analysis of various white collar criminal offences including embezzlement, false accounting and fraud

Electronic commerce

  • How electronic commerce has changed business in Australia
  • Issues arising in business and how these impact on other areas of law
  • The regulatory environment and how this guides commercial practice including discussion of the Electronic Transactions Act
  • The developments in common law
  • The problems of governing jurisdiction
  • Management of the risks of electronic commerce within the current legal framework
  • The future developments and current unresolved issues

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.

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