Introduction to Contracts

This course covered Introduction to the course Overview of managing and administering contracts What makes it a binding a contract? Different types of contract and non-contract Why are contracts written this way? Typical contract formats Legal language and terminology Techniques for drafting clear contracts – avoiding the whereases and hereinafters Negotiation and signature of contracts Avoiding premature contractualisation – “subject to contract” etc Approval and signing formalities, witnessing, notarisation Practical aspects of making sure the contract is properly executed Administration of existing contracts Responsibility for (a) managing, (b) administering contract Maintaining original contracts; pdf copies of signed versions Recording key events and obligations; contracts databases Contract negotiation files; archiving and destruction Contract amendments Termination of contracts Sending a valid notice of termination – what does the contract require? Calculation of time periods (e.g. “3 months’ notice”) Consequences of termination – actions Contractual disputes Different types of dispute Practical steps for dealing with disputes; protecting your organisation’s legal position “Privileged” and “without prejudice” correspondence Different types of dispute resolution, including mediation, arbitration and litigation – which method (and location) is preferred? What will your lawyers need from you if a dispute arises? Interpretation of contracts by the courts How is contractual wording interpreted? Words that have a special legal meaning, eg indemnities, warranties, representations