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Contract Law for Non Lawyers

Contract Law for Non Lawyers is an intensely practical guide through the essentials of contract law, exploring such details as when a contract will be required, when you have a contract (and don’t necessarily know it), what types of contract exist and the effect of statutes on your contractual arrangements.

This popular training course also scrutinises what happens when things go wrong, including how you can get out of a contract, options for assessing damages and remedies for breach and looking at the contractual implications of working in an e-commerce environment. You will grasp the crucial ingredients required for a good contract, and gain tips for understanding contractual material.

Key learning Outcomes

  • Learn the essential ingredients to a contract
  • The offer, acceptance and certainty
  • Create contracts that can be enforced
  • Lessons on how to create good contracts – form, content
  • Reviewing your contract from a risk management perspective
  • Tips for reading contracts
  • Estoppel – the double-edged sword
  • Statutory impact on contract law
  • When contracts can be set aside
  • Reviewing remedies for breach or repudiation
  • Assessing damages – what are your risks?

Who Should Attend

Those involved with drafting or editing contracts, and those wanting more knowledge around how contracts may impact themselves and their organisations.

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

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

Terry Reid

Facilitator, Contract & Legal

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.

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Super Saver Price $2499 + GST (ends 11 July)
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Super Saver Price $2499 + GST (ends 18 September)