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Advanced Contract Law for Non Lawyers

Advanced contract law for non lawyers

An advanced version of Contract Law for Non Lawyers, this course addresses the most recent and more complex contract law issues faced by executives. You will examine the issues in contracts – from conception to completion, including risk and dispute management, and termination in the event of a breach or disagreement.

You will learn how judges deal with issues of interpretation of contracts, and what you must do to ensure that ambiguity is avoided in documentation. The course features recent case studies of judges’ decisions, and their impact on contract law and practice.

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.

I found Terry to be personable, interesting, engaging & easy to understand with great examples.

Terry is an excellent instructor with exceptional knowledge and real life experience and examples.

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.

Terry Reid

Facilitator, Contract & Legal

Course dates to be announced.