Key Learning Objectives
- Gain new tools, knowledge and means to handle and develop legally astute and advantageous contracts
- Implement strategies to ensure your contracts are plainly expressed and well risk-managed
- Protect your interests if things go wrong in the future
- Understand the force of your contractual obligations
- Identify clauses that can be used to effectively manage risk
- Recognise the optimal times to exert the power of the clauses in your contracts
- Appreciate what constitutes a good contract and why
- Ensure that your organisation has a high level of ‘contractual governance’
- Understand the contractual implications of practical e-commerce
About the Course
Second in our contract law series and our CMP Certification, this course is designed to address the most recent issues confronting executives in a contract process. You will examine the issues arising on formation and how to ensure parties maintain control when establishing their contractual obligations.
This course will focus on how judges’ deal with issues of interpretation of contracts and how to ensure that ambiguity is avoided in documentation.
You will also learn to interpret recent decisions of judges and the impact of these decisions on contract law and its practice. The use of well used clauses requires precise drafting to ensure the clauses achieve their desired purposes.
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 intermediate course is relevant for ALL those who have dealings with contracts in their everyday business environment
- The course assumes at least a fundamental knowledge of the law. In order to discuss these more detailed concepts presented in this course, all participants must understand the basics
- It suits people who have a strong practical background and wish to explore some topical areas in more detail
- Often people who have completed law degrees attend this course due to its strong practical focus and application
Job titles include, but not limited to
- Contract administrators
- Contract coordinators
- Contract advisors
- Contract officers
- Contract managers
- Procurement and purchasing managers
- Logistics and supply chain personnel
- Project managers
- Commercial officer and managers
- General managers
- Business development managers
- Marketing managers
- Technical and operations personnel/managers
- Operations managers
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 email@example.com.
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.
“I enjoyed the interactive learning transfer method whereby Terry posed questions and the group developed the answers with his assistance.”
National Contracts Manager, Hitachi Construction Machinery Australia
“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
Managing issues on formation
- Analysing the interpretation problems with formation documents, e.g. Letters of intent, MoUs, Letters of Comfort and Heads of Agreements
- Preliminary agreements and certainty of terms in contracts
- The problem of ‘good faith’ in contracts and what this means for contracting parties
- The formation of process contracts and the associated risks
- Issues surrounding electronic transactions
Drafting a watertight yet concise contract
- The approach taken by judges in interpreting documentation
- The fundamentals of a modern approach to plain drafting
- Using appropriate grammatical structures and words to avoid
- Developing an appropriate structure for contracts and plain language vocabulary
- The incorporation of KPIs in contract drafting
- Development of an overall design framework for contract drafting
- The use of ‘standard form’ contracts and how to avoid exposure by using these contracts
- The problems surrounding the use of boilerplate clauses in contracts
Termination of contracts
- The legal rules which govern termination in contracts
- Designing termination provisions in contracts to ensure they avoid any adverse judicial interpretation
- Identification of the practical response to termination rights in a contract
- Minimisation of the risk which arises on a right of termination being exercised
- Identification of conduct which amounts to wrongful termination and its impact on contracts
- The rules relating to repudiation in contract management
- The legal principles which apply to contractual remedies
- Matters which affect the recovery of damages and recent cases where the courts have assessed damages
- The rules relating to liquidated damages in contracts
- The commercial and legal problems associated with liquidated damages clauses
- Drafting effective liquidated damages clauses
CASE STUDY ANALYSIS
- Analysing poor drafting and how it can be improved to achieve a stronger and clearer outcome
- Review contracts and examine good and bad examples of contracts against the commercial objectives which the contract aims to support
RISK MANAGEMENT WITHIN THE CONTRACT
- How to design risk management processes for organisational contracting
- Assessing exposure from the contract
- Identification of appropriate clauses which can be used to manage risk, e.g. exclusion clauses, limitation of liability clauses, indemnities, ‘best endeavours’ clauses, jurisdiction clauses
- The judicial rules which govern the interpretation of risk management clauses in contracts
- Drafting tips to avoid the pitfalls of risk management clauses
- The legal rules applicable to jurisdiction clauses and how to ensure jurisdiction risk is controlled
- The management of risk associated with variations in contracts
- Examination of insurance arrangements and indemnities
- The modern approach to dispute resolution
- The pitfalls and traps of dispute resolution
- Drafting a dispute resolution process for contracting
- How to ensure the collection and maintenance of appropriate documentation within the contract process
- The legal view of clauses which provide for dispute resolution
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
- This case study 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
24 - 25 May 2018
28 - 29 Jun 2018
17 - 18 Oct 2018
04 - 05 Oct 2018
22 - 23 Nov 2018
29 - 30 Nov 2018
06 - 07 Dec 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.