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A Layman's guide to contract terms & conditions

Course Overview

Are you responsible for negotiating or managing contracts?

In order to minimise legal risks a practical appreciation of contract law is essential.

Our course is has been designed to provide a constructive and practical guide to the basic principles of commercial contract law.

You will understand the jargon and implications of the small print in your terms of business, and in those of the organisations you deal with. Potential pitfalls to keep in mind when dealing with customers, suppliers and subcontractors will be pointed out.

This is NOT a course for lawyers. It is designed for managers at all levels where sales and purchases are negotiated and agreed, and for those who are responsible for making sure that contracts are carried out.

Every day your company takes on commitments with customers, suppliers and subcontractors, but often the precise contract terms are only looked at when things go wrong. Legal disputes destroy profits, generate huge lawyers’ bills and tie up valuable management time - all those involved need to be quite clear what is being agreed, so that the commitments and obligations on both sides are understood, and exposure to risk is controlled and limited.

Presenter John Wyborn, is an interesting and experienced speaker who takes pride in presenting complex legal issues in relevant and easy terms for the non-lawyer. He lectures at home and abroad on contracts and company law and practice.

Comments by Delegates

"John Wyborn was professional, endlessly knowledgeable and managed to inject humour and interest into what could have been a dry/boring subject. Thank you John!" - Wendy Williams, Training Solutions Wales

"A very valuable course and a very enjoyable day. Worth every penny!"
- Phil Lewis, Source Software Ltd

Course Content

Elements of Contract Law
  • Common law, statute law, equity and the European Union
  • Rules for a valid contract & how contracts can be frustrated
  • Letters of intent and budgetary estimates
  • Tank traps
  • Internationally, whose system of law applies?
  • At what stage do terms become binding?
  • Who has the authority
  • The sale of goods and services
Drafting Skills
  • Communication and the barriers
  • Closing loopholes
  • Defined terms; precise language
  • The specific and the general
  • Dealing with sub-contracts
  • Termination clauses, warranties and indemnities
  • Traps for the unwary
Analysing Contract Clauses - Sales
  • The small print
  • Choices of law and jurisdiction
  • Consortia, joint ventures and collaborations
  • Force majeure
  • Time of the essence clauses
Analysing Contract Clauses - Purchasing
  • What is on the front of the purchase order
  • What is on the back of the purchase order
  • What may be attached
  • The 'battle of the forms'
  • When is a contract formed
 Intellectual Property Rights
  • Patents, industrial design, copyright, trade marks, know-how, licensing
  • IPR management
Dealing with Risk
  • What is risk and what is adventure
  • The link between risk and reward; transfer of risk
  • Exclusions
  • Progress, delivery and completion
  • Ways of managing risk
    • Offloading it
    • Sharing it
    • Managing it generally
  • Portfolios of risk
  • Project risk
Disputes over Payment
  • When is payment due? and remedies for late or non-payment
  • Retention money
  • Rights of set-off
Effective Administration Techniques
  • Purpose of the Commercial Function
  • Early warning systems
Contract Control – A Summing Up
  • Targets to aim for
  • Managing legal disputes and other troubles
  • Importance of record keeping

Course Dates and Locations

To book a course please click on the date to take you to the Booking Form.
 
Runcorn 21 February 2012
Oxford 29 February 2012
Durham 15 March 2012
Central London* 26 March 2012
Maidenhead 28 March 2012
Exeter 17 May 2012
Stevenage 22 May 2012
Barnsley 14 June 2012
Cardiff 19 June 2012
Southampton 26 June 2012
Central London* 3 July 2012
Leeds 10 July 2012
Nottingham 25 September 2012
Preston 9 October 2012
Cambridge 16 October 2012
Solihull 30 October 2012
Manchester 13 November 2012
Central London* 20 November 2012

Course Fee
£369, *Central London £439 (+VAT) per person.

Reductions are available for companies booking multiple places on the same course (same date) as follows:
•  For 2 places take £60 off the booking total
•  For 3 places take £120 off the booking total
•  For 4 places take £240 off the booking total
•  For 5 places take £340 off the booking total

Course fee includes: course materials, full lunch and refreshments.

Tel: 01202 706222 Fax: 01202 706444
email: training@benchmark-group.co.uk

Reductions are available for companies booking multiple places on the same course (same date):
2 places £60 off the total
3 places £120 off the total
4 places £240 off the total
5 places £340 off the total