A one-day workshop
Every business on the planet depends on contract law. As do a host of public sector organisations, local authorities, VCSEs, etc. Every exchange of goods or services for money is underpinned by a contract of some sort.
So it’s important that everyone in business understands the nature of contract law – the basic principles as much as any detailed terms and conditions.
This course is designed to introduce people to the key concepts that underpin English contract law. How contracts are made. The seven elements of a binding contract. How to use express terms in an agreement to protect your position. Pitfalls to avoid. The cost of getting it wrong. All this and more is explained in plain English by a nationally recognised authority on procurement and commercial management.
- Understand the key sources and principles of the English legal system and how it was developed
- Appreciate the impact of various famous legal cases on the legalities of contract management
- Understand the elements needed for contract formation, whether written or verbal
- Understand the concepts of offer and acceptance and counter-offer, legality, capacity and intention to create legal relationships
- Appreciate the need for consideration to be sufficient, but not adequate
- Understand how terms are incorporated in the contract and interpreted by the courts to ensure their organisation’s interests are protected
- Differentiate between express and implied terms and conditions and warranties
- Understand the ways in which contracts can be ended
- Understand ways to optimise added value through the duration of the contract
- Discuss and evaluate key contractual terms and conditions
Expert trainer
Dr Ray Carter, a UK-licensed contracts paralegal, runs his own international training and development consultancy, specialising in procurement. A prolific author, his books include Practical Procurement, Practical Supplier Selection and Relationship Management (with Sharon Croome), Practical Contract and Commercial Negotiations (with Kenny Campbell) and Practical Contract Management (with Steve Kirby, Alan Oxenbury and Geoff Kontzle).
Session outline
1. Introduction
- Course aims and objectives
- Learning styles
- Plan for the day
2. The peculiar nature of English contract law
- Common law – made by judges
- Statute law – made by Parliament
- Equity – to fill in the gaps
3. How contracts are made
- Offer
- Acceptance
- Counter-offer
- Invitation to treat
- The vital difference between offer and invitation to treat
- Impact of famous cases
4. The seven elements needed for a binding contract
- Certainty
- Offer
- Acceptance
- Consideration
- Legality
- Intention
- Capacity
5. The ‘battle of the forms’
- How to prevent it
- Using express contract terms to reduce the risk
- Impact of famous cases
6. Consideration
- The difference between adequate and sufficient consideration
- Exceptions to the rules
- Public duties
7. Termination
- Performance
- Breach
- Frustration
8. Legal risk
- The cost of legal actions:
- Court fees
- Legal fees
- Publicity
- Uncertainty (judges are legal experts, not subject-matter experts)
