Advanced Commercial Application of English Contract Law
The aim is to provide delegates with an awareness of the application of English Contract Law in commercial agreements.
By the end of this module, delegates will have been afforded an
opportunity to gain an in-depth understanding of why we need contracts,
what type of contract we should use dependent upon the risks involved
and the rights and obligations of the contracting parties. Delegates
will review and understand how to apply a range of express and implied
terms to be used in English contract Law and will understand whether
implied terms can be excluded. The need for precise payment terms and
their links to Warranty clauses will be discussed. The delegates will
find out how Bonds and Guarantees might be used and understand the "top
up" nature of Bonds. The need for Intellectual Property protection will
be discussed and the delegates will understand the different form of
Intellectual property Rights. In further reviewing default,
frustration, liabilities and remedies the delegates will be made aware
of the traps for the unwary such as the incorrect use of terms such as
"best endeavours", "time is of the essence" and "fit for purpose".
Finally, so that the delegates are prepared in the event of a
contractual dispute, the pros and cons of the various forms of Dispute
resolution will be reviewed and the differences understood.
The topics covered include:
- Why we need contracts
- Contract Strategy
- Types of contract
- Contract risks
- Rights & obligations of each party
- Express Terms
- Implied terms
- Rights of Third Parties Act 1999, Late Payment Interest Terms Act 1998
- Payment terms
- When, where, how, how much, why?
- Warranty clauses and extensions
- Bonds & guarantees
- Intellectual Property
- Patents; Trade marks; Design rights; Copyright
- Default and frustration
- Liabilities and remedies
- Traps for the unaware
- "best endeavours", "time is of the essence", "fit for purpose"
- Dispute resolution – the four "...tions"
- Negotiation, arbitration, mediation, litigation
The module is scheduled for 1 day.
Contact us to find out more about prices and locations or to discuss your unique requirements.