Bringing measurable commercial acumen to your business...
Bottom Line improvement Processes
Bringing measurable Commercial Acumen to Your Business....
Fundamentals of English Contract Law

The aim is to provide delegates with an awareness of the fundamentals of English Contract Law.

Learning Outcomes
By the end of the module, delegates will have been afforded an opportunity to gain an understanding of a range of principles which will assist them to avoid costly errors in both the pre-contract negotiation and the post agreement implementation. The training will assist delegates to understand the necessity of ensuring that all contractual commitments are deliberate and duly recorded and that the commercial risks have been identified and mitigated. The delegates will understand the difference between contract formation and contract effectiveness and the need for effective change control. They will be able to identify the rights and obligations of the buyer and the seller as well as recognising 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".

The topics covered include:
  • Contract formation – offer, acceptance, consideration & intent
  • Invitation to treat, offer, counter-offer, Battle of the Forms
  • Offers - Lapse, expiry withdrawal
  • Pre-contract negotiations - Letters of Intent, Instructions to proceed, Subject to contract or Subject to terms of contract?
  • Acceptance - Postal rule, Terms of acceptance
  • Contract Effectiveness - Conditions precedent & subsequent
  • Third Party Rights
  • Misrepresentation
  • Terms of the contract
    • Express – eg Force Majeure, Common Law warranty
    • Implied – SOGA, HASAWA
    • Essential terms; Desirable terms
  • Handling Variations
  • Closing out the contract
  • Default & Frustration
    • Remedies & Damages - liquidated/unliquidated
  • Closing out the contract (project)
    • Customer acceptance
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.
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