Course Overview

A Contract can be defined as a legally binding oral or written agreement signed between two parties to provide goods or services. The major purpose of a law of contract is to control the conflict of interests that leads to disputes among the parties. Therefore, the contract law defines the boundary of an agreement with certain principles that the parties should bind themselves to those principles.

In order to form a strong, legally binding contract, it is important to understand the formation and the contents of a contract. There are several factors to consider while forming a contract, including the offer, acceptance, governing law, third-party rights etc. The contents of a contract depend on the terms and conditions of a specific project.

Therefore, having a wider understanding of the different types of terms and conditions is important. Moreover, more care should be given to the clauses related to performance and discharge, the breach and remedies for breaches as the disputes are arising very often due to the same.

This course will provide a holistic education/training to the delegates for the best practice in dealing with the formation of contract, contents of contract, performance and discharge, remedies for breaches.

In order to understand the proper formation of a contract, the performance and contractual remedies under the law, it is essential for all employers, consultants, and contractors to train their employees on the procedures involved in the implementation of contract law within a project.

Regewall Training Institute has designed this module in an easier way to understand all the approaches involved in the contractual initiation and performance in terms of the Law.

Course Objectives

Upon completing this Contract Law and Management  Program course successfully, participants will be able to:

• Understand the theoretical perspective of the contracts, trust and promise
• Effectively form contracts through a valid offer and acceptance
• Understand the limits of enforcing a contract and assess the importance of third parties’ liability in enforcing a contract
• Identify the underlying issues in the contractual performance of a party
• Clear understanding of the performance of a contract
• Identify the process involved in identifying the breach of contract
• Gain sufficient knowledge on remedies available for the breaches

Training Methodology

At RTI, we prudently deliberate to meet the training expectations of every participant. We understand the profile of our participants and how meeting the objectives of this course can effect their work. We design case studies and create draft contracts to provide a hands-on experience. We believe learning is most successful when practically applied.

The course facilitator will provide feedback and boost the learning of every participant through one-on-one coaching sessions. This course is practically managed and will definitely aid in empowering our participants in mastering contract law.

Regewall Training Institute uses Do–Review–Learn–Apply Model in all our training courses.

Organisational Benefit

The organisation that would get their professionals to register in this Contract Law and Management  Program course will benefit in the following ways:

• Build certainty around legal terminology
• Understand contractual obligations to help guard your commercial interests
• Assist in contract development and avoid disputes
• Understand the effect of the law on your contractual arrangements

Personal Benefits

Participants who attend the Contract Law and Management Course, will enjoy the following benefits:

• Learn the crucial ingredients essential to make a good contract
• Get an enhanced understanding of contractual material, and traps and pitfalls of contract drafting
• Build your knowledge on enforceable principles of contract law
• Avoid contractual disputes over vaguely expressed contracts, unclear offers, or acceptance

Who Should Attend?

This Contract Law and Management  Program course would be suitable for:

• Contract specialists and professionals
• Risk managers
• Mediators, Arbitrators, and Adjudicators
• Planning Engineers
• Quantity Surveyors
• Commercial directors
• Business development professionals
• Employers’ and Contractor’s representatives
• Project managers

Course Outline

MODULE 1: Law of Contract – Introduction

• What is Contract Law?
• Purpose of Law of Contract
• The scope of the Law of Contract
• The form of Contract
• The basis of Contract Law
• Contract, tort, and unjust enrichment

MODULE 2: The formation of a Contract

• Offer
• Acceptance
• Certainty and agreement mistakes
• Consideration
• Legal intent

MODULE 3: Third-party rights

• Privity
• Available remedies to the third party
• Variation and cancellation
• The purpose and role of the law of tort
• Interference with contractual rights

MODULE 4: Contents of the Contract

• What is a Term?
• The sources of Contractual Terms
• The classification of Contractual Terms
• Incorporation of Terms
• Exemption Clauses

MODULE 5: Vitiating factors of Contract

• Duress and undue influence
• Misrepresentation
• Common mistakes and frustrations
• Illegalities
• Unfair Terms in Contracts

MODULE 6: Performance and discharge of the Contract

• What is performance?
• Principles of discharging a contract
• Discharge a contract by Performance
• Discharge a contract by Agreement
• Discharge a contract by using the operation of Law

MODULE 7: Breach of Contract

• What is a Breach of Contract?
• Circumstances for breach occurrence
• Consequences of breach
• Enforcement by the party in breach
• The right to terminate

MODULE 8: Remedies for Breach of Contract

• Basis of assessment
• Remoteness of remedy
• Mitigation
• Causation
• Adequate remedy