Course description
Overview
This course follows on from Commercial Contracts – An Introduction and is aimed at those who want to know more about this complex area of practice.
It will be of particular interest to those who are relatively new to this topic but also serves as a useful refresher and provides updates in respect of recent developments in the topic areas discussed.
Who is this for?
This course is for anyone looking to build a more advanced understanding of drafting and interpreting commercial contracts. It's highly relevant for:
- Paralegals
- Apprentices
- Trainee solicitors
- Qualified solicitors (1-5 years PQE)
- Legal execs
This course will also be beneficial to non-law professionals with some experience in this area, for example:
- Procurement
- Risk and compliance
- Finance managers
- Business development professionals
What will you learn?
This one-day course will give you a comprehensive understanding of commercial contracts, deepening your learning on key contract elements. Topics include:
- Non-disclosure and confidentiality – what are the key issues to consider when reviewing confidentiality provisions and what compromises can be reached to avoid unnecessary delays?
- Implied terms – in what circumstances will the courts agree to imply an additional term into the contract?
- Good faith – what does ‘good faith’ mean and how will the courts treat express and implied duties of good faith?
- Endeavours – what are the key differences between the different types of endeavours clauses and when should they be used?
- Exclusion and limitation clauses – what are the key rules set out in the UCTA 1977 and how will the courts apply these in practice to specific clauses?
- Trader to consumer contracts – what are the applicable rules and how should they influence the content of terms and conditions?
Emphasis throughout is placed on a commercially sound and compliant approach to these topics and the course will involve a series of practical exercises analysing each of the areas covered. Group feedback will be given.
How does this help your career?
By the end of the course you'll develop advanced commercial contract knowledge, which will take your specialism and career options to the next level. You'll be able to:
- Review and revise a non-disclosure agreement and confidentiality provisions in other agreements taking into consideration the commercial and legal issues involved
- Comprehend and analyse the key issues which arise commonly in commercial agreements including good faith, implied terms and ‘endeavours’ clause
- Review and revise exclusion and limitation clauses taking into consideration the provisions of the Unfair Contract Terms Act 1977 and recent case law
- Understand and describe the rules relating to the drafting of Trader to Consumer Agreements as well as the guidance of the Competition and Markets Authority
- Review and revise a Trader to Consumer Agreement taking into consideration the requirements of the Consumer Rights Act 2015
PSC Elective
This course may be taken as a PSC elective, although it may also be attended by non-trainees.
SRA Competencies
B, C
Other related courses
Commercial Contracts - An Introduction
Commercial Contracts - The International Perspective
Contract Law - Effective Boilerplate Clauses
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Upcoming start dates
Suitability - Who should attend?
This course follows on from ‘Commercial Contracts - An Introduction’ and is aimed at those who want to know more about this complex area of practice. It will be of particular interest to those who are relatively new to this topic. It will also serve as a useful refresher in respect of recent developments in the topic areas discussed.
Outcome / Qualification etc.
This course provides an examination of some of the most common issues that arise in the review of commercial agreements and will focus on commercial and legal considerations. The knowledge gained will then be applied in a practical way via a number of case studies and drafting exercises. Updates on relevant changes to the law will also be included where appropriate.
By the end of this course you will be able to:
- Review and revise a non-disclosure agreement and confidentiality provisions in other agreements taking into consideration the commercial and legal issues involved
- Comprehend and analyse the key issues which arise commonly in commercial agreements including good faith, implied terms and ‘endeavours’ clause
- Review and revise Exclusion and Limitation Clauses taking into consideration the provisions of the Unfair Contract Terms Act 1977 and recent case law
- Understand and describe the rules relating to the drafting of Trader to Consumer Agreements as well as the guidance of the Competition and Markets Authority
- Review and revise a Trader to Consumer Agreement taking into consideration the requirements of the Consumer Rights Act 2015