SETA Accreditation No. 6570

Contract Law for Business & Non-lawyers

WHAT BUSINESS NEEDS TO KNOW ABOUT CONTRACT LAW


Online Workshop dates:

NORMAL Online Course fee: R6,500.00 (R7,475.00 incl. VAT) p/p

Online training course fee less 25% = R5,175.09 (R5,951.25 incl. VAT) per delegate available until 29 May 2020.

Dates: 21-22 May / 22-23 June 2020

 

 

Technical requirements: Training will be presented live via MS Teams. You need to have access to either a laptop / desktop including activated webcam, earphones, etc. Internet connection (3G or 4G / LTE) – minimum speed of 3.0 Mbps (up / down).

Online Training Hours:

08:30-16:30 which include 2 x 15 min tea breaks and 1 x 30 min lunch break.

ENQUIRIES

For in-house group bookings and other enquiries, please e-mail Ronell at events@norcaz.biz or contact Charlotte on 011: 902-0720 or Ronell at 073 291 0450.

In-house fee for up to 10 delegates: R11,500.00 (R13,225.00 incl. VAT) per day if you register and pay on or before 29 May 2020.

Normal course fee:  R6,900.00 (R7,935.00 incl. VAT) per delegate.

Public workshops will only resume from 1 August 2020.

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Introduction

The content of this 2-day workshop will suit both lawyers and non-lawyers who are involved with the negotiation, drafting and administration of contracts for business. This may also serve as a refresher course for lawyers on the basic principles and concepts and how they impact on the drafting and interpretation of contracts. The course will give an overview of the general principles of the law of contract and will help delegates to develop competencies, practical and conceptual skills in respect of the interpretation of contracts and in the drafting of contracts.The program will provide learners with a basic knowledge and reflective understanding of the way in which contracts are prepared and interpret. It will further enable them to apply their knowledge and skills to contracts and projects and to develop a more refined understanding of the preparation and interpretation of various legal documents.

Learning Outcomes will include:

  • Develop legally astute and advantageous contracts
  • What are the essential elements that need to be included in contracts?
  • Dispelling any uncertainty about the fine print
  • Ensure your contracts are plainly expressed and risk-managed
  • Formalising a contract – terms to avoid and include
  • Requirements of a valid contract
  • Understand the force of your contractual obligations
  • Common danger areas in contracts
  • Rights and obligations of reaching an agreement
  • Guarantee of payment / performance – letters of comfort, sureties, performance bonds
  • Payment – clearly understand legal tender
  • Termination of the agreement – know your rights and priority for damages
  • Breach and remedies – when it all falls apart: know your rights
  • Recognising applicable warranties, guarantees and indemnities
  • Mitigating concealed defects

Achieve effective, workable solutions for all your contracting needs

PROGRAMME OUTLINE

Essential elements of contracts

  • Offer and acceptance
  • Firmness
  • Intention to create legal relations
  • Consideration
  • Capacity
  • Legal provisions 

Creating Contracts

  • When do contracts have to be in writing?
  • Enforcement of contracts
  • How do you sign a contract?
  • Impact of the Electronic Transactions Act 2002 on writing and signature requirements 

What Kinds Of Contracts Are There?

  • Difference between deeds versus simple contracts
  • What are implied terms?
  • Standard form contracts and other express forms of contract 

Formalising Contracts

  • Characteristics of good contracts: details and consistency
  • Understanding the form and content of a contract
  • The importance of simplicity when drafting contracts
  • Costs of inaccurate and incomplete contracts: pitfalls to avoid
  • Risk management in contract drafting: exemption clauses and limitations of liability
  • Alternative Dispute Resolution (ADR) clauses
  • The international dimension: jurisdiction and choice of law clauses
  • Traps and pitfalls to avoid when drafting clauses
  • How to read contracts 

The Effect of Estoppel and Statutes on Your ContractEstoppel – A Double-Edged Sword

  • What are the principles?
  • Estoppel in practice
  • How and when to use it or avoid it being used against you 

Statutory Impact on Contract LawLegislation relevant to South African lawWhat Happens When Things Go Wrong?Setting Aside Contracts

  • Mistake
  • Misrepresentation
  • Duress 
  • Undue influence 

Remedies for Breach or Repudiation

  • Injunctions
  • Specific performance
  • Cancellation
  • Damages
  • Restitution 

Assessing Damages

  • How and when should damages be assessed
  • Do your contracts provide for the way damages should be assessed?
  • Liquidated damages and penalty clauses
  • Damages resulting from loss of a chance
  • Damages for disappointment, distress and psychological injury arising from breach of contract
  • Expectation, reliance and restitution losses
  • Matters affecting the recovery of damages: mitigation and contributory negligence 

Risk management in contract drafting: exemption clauses and limitations of liability Alternative Dispute Resolution (ADR) clauses

       
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