Bringing measurable commercial acumen to your business...
Bottom Line improvement Processes
Bringing measurable Commercial Acumen to Your Business....
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.

Learning Outcomes
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
  • Exclusions
  • 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.

What Next?
Contact us to find out more about prices and locations or to discuss your unique requirements.
Bringing measurable commercial acumen to your business...

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