One Day Masterclass Agenda

8:30AM: REGISTRATION | 9:00AM: START

TOPIC 1:

Basics of contract law, drafting and formation

• Common myths and false assumptions about contracts
• Understanding when a contract is in place – when is there a contract?
• Elements of contract
  - Offer, acceptance, consideration, intention, certainty, and capacity in contract
• The basics of contract drafting
  - Legalese v plain English writing Overcoming problems by identifying and - understanding difficult clauses

Exercise: Participants will split into small groups and identify problems in a contract formation situation, then discuss how these problems should be avoided.

TOPIC 2: Best practice tendering and procurement processes

• Common legal and probity risks in procurement – Identifying the potential issues
• Recent case law on tendering and what this means for you
• The ‘process contract’ - what this is, when this is created, and what this means as a matter of practicality
• Minimising common legal and probity risks in procurement

TOPIC 3: Problematic contractual clauses and mitigating risk

• Anticipate potential problems by identifying common but difficult contractual clauses
• Understand liquidated damages, termination for convenience, indemnities, consequential loss, force majeure, insurance (including doctrine of subrogation) and other common contractual clauses
• How to manage and otherwise reduce contractual risk through effective negotiation and drafting
• Error avoidance through understanding the ‘ins and outs’ of common termination provisions
• Analyse when contract clauses are not valid or not enforceable

TOPIC 4: Dispute resolution and resolving contractual breaches

• Understand the remedies available and the different methods of dispute resolution when things go wrong
• Alternative Dispute Resolution (ADR) - how to avoid going to court and costly litigation