Advanced Contract Law for Non Lawyers
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Advanced contract law for non lawyers
Key Learning Outcomes
- The formation of process contracts and the associated risks
- Developing an appropriate structure for contracts
- How to design risk management processes for organisational contracting
- The legal rules which govern termination in contracts
- The rules relating to liquidated damages in contracts
- Drafting a dispute resolution process for contracting
Who Should Attend
Delegates are expected to have some knowledge of contract law. Otherwise it is advisable to attend Contract Law for Non Lawyers prior to Advanced Contract Law for Non Lawyers
Past Attendee Testimonials
Excellent course, met expectations, informative, good content and entertaining.
Dave Daly, Purchasing Manager, Ballance Agri-Nutrients Ltd
I found Terry to be personable, interesting, engaging & easy to understand with great examples.
Louise Morten, Contract Analyst, Department of Corrections
Terry is an excellent instructor with exceptional knowledge and real life experience and examples.
Kane Paekau, Major Project Business Manager, Fulton Hogan Ltd Corporate Office
What Makes A Good Contract?
The Essential Ingredients
- Offer and acceptance
- Certainty
- Intention to create legal relations
- Consideration
- Capacity
- Statutory provisions
Creating Contracts That Can Be Enforced
- When do contracts have to be in writing?
- How do you sign a contract?
- Impact of the Contract and Commercial
- Law Act 2017 on writing & signature requirements
What Kinds Of Contracts Are There?
- Deeds versus simple contracts — what’s the difference?
- What are implied terms?
- Standard form contracts and other express forms of contract
“Hands-On” Workshop: Constructing Good Contracts
- The real costs of “sloppy” contracts: learning from the mistakes of others
- Understanding the form and content of a contract
- What makes a good contract: details and consistency
- The advantages of “plain English” drafting
- Risk management in contract drafting: exemption clauses and limitations of liability
- Alternative Dispute Resolution (ADR) clauses
- The international dimension: jurisdiction and choice of law clauses
- Minimising misunderstanding: traps and pitfalls when drafting clauses
- Tips for effectively reading contracts
The Effect of Estoppel and Statutes on Your Contract
Estoppel — A Double-Edged Sword
- What are the principles?
- Estoppel in practice
- How and when to use it or avoid it being used against you
Statutory Impact On Contract Law
- Fair Trading Act 1986
- Consumer Guarantees Act 1993
- Contract and Commercial Law Act 2017
- Employment Relations Act 2000
- Commerce Act 1986
- Copyright Act 1994
- Construction Contracts Act 2002
- Privacy Act 1993
What Happens When Things Go Wrong?
Setting Aside Contracts
- Mistake
- Misrepresentation
- Duress
- Undue influence
- Unconscionability
Remedies for Breach or Repudiation
- Injunctions
- Specific performance
- Cancellation
- Damages
- Restitution
Assessing Damages
- How and when damages are assessed
- What if the contract provides for the way damages are assessed?
- Liquidated damages and penalty clauses
- Expectation, reliance and restitution losses
- Damages resulting from “loss of a chance”
- Damages for disappointment, distress and psychological injury arising from breach of contract
- Matters affecting the recovery of damages: mitigation and contributory negligence
A popular leading specialist in legal training, Terry Reid combines teaching with legal consultancy work across Asia and the Pacific. Terry has over 20 years as a barrister and solicitor and teaching experience at a tertiary level, having begun to lecture law after time in legal practice. Terry was educated at the Universities of Auckland and University of Melbourne and now mixes teaching, a law practice and legal consultancy across Asia and the Pacific.
Terry regularly provides courses for professional organisations and private sector clients, advising on topics such as contract law, strategic governance and regulatory reform in financial markets. He regularly provides advice to organisations such as the Asian Development Bank, World Bank and Governments’ on business law reform. design of reform programs as well as drafting legislative instruments.
As well as working in Australia and New Zealand he has worked extensively in South East Asia and the Pacific. He is currently the team leader on two major business law reform projects in the Solomon Islands and Vanuatu. This advisory work includes the provision of advice to Governments on business law policy, design of reform programs as well as drafting legislative instruments. A large part of this work involves the training of government officers and private sector participants on law reform issues.
Terry regularly presents to a wide range of audiences on business law topics. He has particular interests in contract law, corporations’ law and general business law including trade practices. He is a regular presenter at international conferences and has published widely in his areas of expertise.
