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Contract Law for Managers and Supervisors


Contract Law for Managers and Supervisors

$1,175.00 (GST Inclusive) - 2 Days

Click here for a course outline.

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  • Online Registration: Click on preferred date below (for venue details please hover over preferred date). You now have the option to pay by credit card or pay later via invoice.
  • Phone: Contact our Customer Service team on 1300 727 444
  • Email: Download registration form and email to training@saiglobal.com
  • Fax: Download registration form and fax to 1300 727 888
  • For Group booking please Contact our Customer Service team on 1300 727 444.

Adelaide
09 Aug 10 15 Nov 10

Brisbane
12 Aug 10 18 Nov 10

Melbourne
05 Aug 10 11 Nov 10

Perth
17 Aug 10 23 Nov 10

Sydney
02 Aug 10 08 Nov 10

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Purpose
Develop a solid understanding of the basic principles of Contract Law. Designed for non-lawyers who regularly deal with contracts in a commercial environment, learn the six minimum requirements for contract formation, the critical difference between common English and legal English, and how to plot a course through the legal maze of formal contractual relationships in a manner that can be easily followed by managers who are not legally trained.

Course Outline

Sources of Contract Law

  • Common Law
  • Statute Law
  • Established Practice & Procedure
  • Westminster Legal System
  • Civil Legal System
  • International Law

Legal Concepts

  • Tort
  • Waiver
  • Vicarious Liability
  • Express or Implied
  • Principal Contractor
  • Independent Contractor
  • Agent
  • Employee
  • Company Officer
  • Deeming Power
  • Contractual Base of Law
  • Common Law Duties of Care
  • Crimes of Commission and Omission
  • Breach of Contract
    - Termination
    - Repudiation
    - Restitution
    - Specific Performance
    - Damages

Elements of Contract

  • Offer (c.f. Invitation to Treat)
  • Acceptance
  • Consideration
  • Intention
  • Legal Purpose
  • Competent Parties

Types of Contract

  • Oral / Verbal
  • Established Practice
  • Written
  • Letters of Intent
  • M.O.U.'s
  • Heads of Agreement
  • Service Level Agreements (SLA's)
    - Service / Maintenance
    - Sales
    - Product
    - Technology
  • Employment
    - Contract for Services
    - Contract of Service
    - The Master/Servant Relationship

Non-Contractual Liability

  • Imported Terms & Conditions
  • Legal Assumptions
  • Restrictive Covenants
  • Unconscionable Conduct
  • IP Issues for Contracts
  • Statute e.g. Privacy, OH&S, Taxation Laws
  • Negligence & Good Faith
  • Product Liability
  • Contractual Impact of the Trade Practices Act
    - Contracts, Agreements & Understandings
    - Second Line Forcing
    - Third Line Forcing Resale Price Maintenance ("Price Fixing")
  • Insurance Consequences
  • Contracts as Risk Management
    - Avoiding
    - Accepting
    - Reducing
    - Transferring

Structure of Contract

  • Parties
  • Recitals
  • Standard Legal Clauses
  • Obligations of the Parties
  • Appendices (one for each obligation)

Practical Aspects of Drafting Contracts

  • Negotiation
  • Planning
  • Problems with "cut & paste"
  • Using the Content Matrix
  • Problem Brainstorming

Examples from Case Law & Commercial Contracts

  • Throughout the seminar, historical and recent examples & precedents drawn from actual legal cases as well as actual commercial contracts will be discussed to illustrate the legal principles and commercial practicalities involved

Learning Outcomes

  • Learn the six minimum requirements for contract formation
  • Understand where "the Law" comes from and where contracts are based
  • Discover the differences between Common Law and Statute Law
  • Be introduced to important legal terminology and concepts
  • Become aware of the critical effects of established practice and Natural Justice
  • Learn the difference between contracts, deeds and agreements
  • Gain an important understanding of how "every-day English" differs from "legal English"
  • Become skilled at using the Content Matrix, which allows non-lawyers to structure an agreement before handing it over to a lawyer for final review and completion

International Scope

  • The role of International Law when contracting with overseas parties
  • United Nations CITRAL Rules of arbitration
  • Default jurisdiction

Who should attend?

  • Contracts Managers
  • Contract Admin Supervisors
  • Business Development Managers
  • Procurement Managers
  • Purchasing Managers & Buyers
  • Sales & Marketing Managers
  • Supply Chain & Logistics Managers & Supervisors
  • Human Resources Managers
  • OH&S Managers and Supervisors

Presenter
Garry Taylor

Prior to joining Croesus Management as General Counsel, Garry was Head - Legal Compliance of the Sydney Institute of Management. Previously, Garry was Managing Director of an international Investment Bank with offices in Sydney, Vancouver, New York, London, Dublin, Hong Kong and Singapore. He was also principal of a firm of corporate and industrial law specialists. Those activities involved him in international capital raising for corporations, distressed company "turn-around" and restructuring, industrial/employee relations, project scoping, negotiation and drafting of contracts, contract management, project management, corporate governance, legal compliance, industrial and corporate mediation, and managing related litigation.

Interstate Travel

  • Sydney
  • Melbourne
  • Brisbane
  • Adelaide
  • Perth

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