Contract Law and Management

Code

767

Start Date

2025-01-26

End Date

2025-01-30

City

Geneva

Price

4950 $

Language

Participants

1-15

Hotel

Hotel Meeting Room

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Course Overview

A Contract can be defined as a legally binding oral or written agreement signed between two parties in order to provide goods or service. The major purpose for a law of contract is to control the conflict of interests which leads to disputes among the parties. Therefore, the contract law defines the boundary of an agreement with certain principles where the parties should bind to those principles.

In order to form a strong legally binding contract, it is important to understand the formation and the contents of a contract. There are several factors to consider while forming a contract including the offer, acceptance, governing law, third party rights etc. The contents of a contract depend on the terms and conditions of a specific project.

Therefore, having a wider understanding on the different types of terms and conditions is important. Moreover, more care should be given to the clauses related to performance and discharge, the breach and remedies for breaches as the disputes are arising very often due to the same.

This course will provide a holistic education/training to the delegates for the best practice in dealing with the formation of contract, contents of contract, performance and discharge, remedies for breaches.

In order to understand the proper formation of contract, the performance and contractual remedies under the law, it is essential for all the employers, consultants, contractors to train their employees on the procedures involved in the implementation of contract law within a project.

Course Objectives

Understand the theoretical perspective of the contracts, trust and promise
Effectively form contracts through valid offer and acceptance
Understand the limits of enforcing a contract and assess the importance of third party’s liability in enforcing a contract
Identify the underlying issues in the contractual performance of a party
Clear understanding on the performance of contract
Identify the process involved in identifying the breach of contract
Gain sufficient knowledge on remedies available for the breaches

Organisational Benefit

Build certainty around legal terminology
Understand contractual obligations to help guard your commercial interests
Assist in contract development and avoid disputes
Understand the effect of law on your contractual arrangements

Personal Benefits

Learn crucial ingredients essential to make a good contract
Get enhanced understanding on contractual material, and traps and pitfalls of contract drafting
Build your knowledge on enforceable principles of contract law
Avoid contractual disputes over vaguely expressed contracts, unclear offers or acceptance

Course Outline

Law of Contract – Introduction
- What is Contract Law?
- Purpose of Law of Contract
- The scope of Law of Contract
- The form of Contract
- The basis of Contract Law
- Contract, tort, and unjust enrichment
The formation of a Contract
- Offer
- Acceptance
- Certainty and agreement mistakes
- Consideration
- Legal intent
Third-party rights
- Privity
- Available remedies to the third party
- Variation and cancellation
- The purpose and role of the law of tort
- Interference with contractual rights
Contents of the Contract
- What is a Term?
- The sources of Contractual Terms
- The classification of Contractual Terms
- Incorporation of Terms
- Exemption Clauses
Vitiating factors of Contract
- Duress and undue influence
- Misrepresentation
- Common mistake and frustration
- Illegalities
- Unfair terms in Contracts
Performance and discharge of the Contract
- What is performance?
- Principles of discharging a contract
- Discharge a contract by Performance
- Discharge a contract by Agreement
- Discharge a contract by using the operation of Law
Breach of Contract
- What is a Breach of Contract?
- Circumstances for breach occurrence
- Consequences of breach
- Enforcement by the party in breach
- The right to terminate
Remedies for Breach of Contract
- Basis of assessment
- Remoteness of remedy
- Mitigation
- Causation
- Adequate remedy

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