Contract Law

Contract Law for Managers

This course demystifies contract law. It focuses on the key contract law issues relating to the writing, managing and interpretation of contracts. Participants need not have previous contract law experience.

Objectives

The contract manager’s roles and responsibilities
Duties of contracting parties
How to create a valid and enforceable contract
Identifying the key terms in a valid and enforceable contract
The difference between deal (specific) and boilerplate (general) terms
The difference between express and implied terms
The legal effect of using documents that do not require a signature
’Battle of the forms’ - whose terms and conditions do we use?
How a validly created contract can become unenforceable
The need for some documents to be in writing to be enforceable
Privity and assignment
Ways to vary a contract
Establishing and monitoring of Service Level Agreements (SLAs)
Managing contractor performance and contract deliverables
Closing out the contract
Ways to discharge a contract
Remedies for breach of contract
Creation and retention of evidence to assist in the resolution of disputes
Control of key contractual documentation
Dispute resolution procedures
When to outsource and when not to
Risk assessment and management
Determination and management of outsourcing risks
The three key contracts in the tendering process
The tender documentation and the draft contract in the transfer
Selection of supplier/buyer
Common tender dispute areas
Negotiating a contract
Key commercial laws that can affect contracts and tenders including negligence, trade practices, agency, intellectual property, insurance and GST

In this course, students will examine the importance of contracts, express and implied, in everyday transactions and commerce. They will identify the basic elements of a contract, and how contracts are interpreted by the courts. Students will also canvass available remedies and orders, as well as statutory consumer protections.

Many people are entering into contracts everyday without fully understanding the legal and practical implications. This short program aims to offer a lay-persons guide to contract law so that participants can better understand their legal position and their contractual obligations.

Content
What constitutes a contract?
Types of contract
Who can enter into a contract?
Offer and acceptance
Rights and obligations of the parties
Breach of contract
Essentials of managing a contract
Case studies.
Learning Outcomes
As a result of attending this program, participants should be able to:
Understand the core elements of contract law
Diagnose the contracts they currently have and identify areas of risk
Apply this knowledge to their own workplace.

In an increasingly complex, competitive and global business environment, it is vital for managers to practise high-level contract negotiation and management.

This is particularly the case with large scale, high price and sensitive (culturally, financially or politically) projects. This course provides participants with both a theoretical understanding of contract management and its practical implementation. This course can be taken as part of a postgraduate qualification.

Content
Valid and enforceable contracts; identifying key terms and the structure of a commercial contract
Contract management from the tender to completion
Identifying product/service specifications
Legislative requirements and organisational policies
Evaluating responses and selecting preferred contractors in accordance with agreed selection processes
The negotiation, conflict resolution and mediation processes
Preparing contracts and contractual terms and conditions
Managing contractor performance and contract deliverables

Learning Outcomes
Identify and explain the essential elements of a valid and enforceable contract
Discuss the structure of commercial contracts and explain key terms
Evaluate alternative contractor selection processes
Analyse a range of strategies for negotiating business contracts
Identify legal risks that might arise during the negotiation of commercial contracts
Discuss strategies for managing commercial contracts and managing the performance of contractual obligations
Analyse a range of contractual disputes and the outcomes
Learn how to evaluate dispute resolution mechanisms

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