This seminar is fully HRDF claimable.
CCD Points are available from CIDB and Board of Engineers Malaysia (BEM)
ESSENTIAL CONTRACT LAW
FOR NON-LEGAL PROFESSIONALS
A lack of understanding of contract law may lead to contractual disputes and in the worst case scenario, lawsuits and arbitrations.
Andrew Lourdes who is a top ranking criminal defense lawyer will take you through this interactive seminar with an easy-to-follow structure to learn about the fundamental contract law principles which apply to your business contracts.
THIS SIGNATURE SEMINAR IS ESSENTIAL FOR
– CEOs/CFOs
– Company/ Managing Directors
– Business Owners
– Contract Administrators/ Managers/ Coordinators
– HR Directors/Managers
– Project Managers/ Engineers/ Coordinators
– Office/ Commercial/ General/ Managers
– Sales & Marketing Directors/ Managers/ Buyers
– Purchasing & Procurement Managers / Executives
– Business Development Directors/ Managers
– Risk & Assurance/ Claims Manager/ Executives
– Operations/ Technical/ Logistics/ Supply Chain Managers/ Executives
OBJECTIVE
Participants will learn how to make a valid contract – oral or written. Learn how a contract may be discharged by novation, by performance and frustration and how to terminate a contract and know the remedies available for breach of contract, including liquidated damages and penalty clauses, specific performance and injunctions.
COURSE OUTLINE
1. Essentials of Valid Contracts
• Offer, acceptance and invitation to treat
• Request for proposal, tenders, auctions
• Consideration
• Intention to be bound – Commercial agreements
• Capacity to contract: Age, mentally sound, etc.
2. Terms of Contract
• Express terms, implied terms
• Conditions, warranties and complex terms / innominate terms
• Breach of terms of contract
• Effectiveness of exclusion / limitation clauses
• Unfair Contract Terms Act
3. Invalid Contracts
• Factors vitiating valid contracts
• Misrepresentation of material facts, not opinion
• Mistake
• Illegal, void and voidable contracts
• Contracts in restraint of trade – Legitimate interests to be protected
• Duress and undue influence
4. Enforcing Contracts
• Discharge of Contracts
>Frustration
>Performance and exceptions
>Agreement (novation)
>Breach
• Damages and liquidated damages – Doctrine of penalty
• Penalties, Advance Payments and Forfeiture
• Specific performance and injunction for contract enforcement
METHODOLOGY
Courses consist of interactive lectures, group activities and case studies to explore the essentials of a valid contract. Training will be setup as small teams of 4 to 5 people and will go through the lecture first to follow up with a case study activity where the participants will try to identify the contractual issues.