Contract Law for Business & Non-Lawyers

Contract Law for Business & Non-lawyers

Online Workshop Dates:

* 4 Nov 2024 - one-day crash course - R3,500.00 (R4,025.00 incl. VAT)

* 11-12 Nov 2024 - full two-day course - R5,500.00 (R6,325.00 incl. VAT)

ENQUIRIES:

For in-house group bookings, a registration form, or any other enquiries, please e-mail Ronell at: events@telg.co.za or contact her at 067 317 9388 or send a WhatsApp with the relevant details. 

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 business contracts. This may also serve as a refresher course for lawyers on the basic principles and concepts and how they impact 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, and practical and conceptual skills in respect of the interpretation of contracts and in the drafting of contracts.

The workshop will provide learners with a basic knowledge and reflective understanding of how contracts are prepared and interpreted.

The workshop 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 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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COURSE FEE:

Normal fee: R7,300.00 (R8,395.00.00 incl. VAT)

Early bird discount for Public training sessions less 20% (R1,460,00) per delegate = R5,840.00 (R6,716.00 incl. VAT) per delegate for all NEW registrations. T&Cs apply.

One-day crash course: R3,500.00 (R4,025.00 incl. VAT)

Two-day full course: R5,500.00 (R6,325.00 incl. VAT)

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