Johannesburg: 6-7 November 2017
Durban North: On Request
Durbanville, Cape Town: 11-12 September 2017
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 firstname.lastname@example.org with specs.
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.
- 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
Essential elements of contracts
- Offer and acceptance
- Intention to create legal relations
- Leal provisions
- 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
- 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
- Undue influence
Remedies for Breach or Repudiation
- Specific performance
- 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