Contract Law

Workshop dates:

Johannesburg: 24-25 July 2017
Durban North: For future dates email customerservice@norcazacademy.co.za
Durbanville, Cape Town: For future dates email customerservice@norcazacademy.co.za

Course fee:

Single: R7,750.00 (R8,835.00 incl. VAT)
Group Booking of 3 delegates or more: R6,500.00 (R7,410.00 incl. VAT) per delegate – T&Cs apply.

In-House Training sessions: quotations available on request – e-mail admin@norcazacademy.co.za with specs.

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.

Outcomes
  • 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
  • Leal 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 Contract

Estoppel – 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 Law

Legislation relevant to South African law

What 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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