Why Choose this Training Course?
This Contract Law: From Trust to Promise to Contract training course deals with the whole process of reaching an enforceable agreement with a client, customer, supplier or co-venturer with the emphasis on the notion of trust on both sides. Even before they start negotiating, how does each side know they can trust the other to conclude a contract and then to perform it? What precautions should they take during negotiations? What safeguards should be included in the agreement? Once a contract is signed, how can the parties ensure that each will keep to the bargain?
This AZTech training course will feature:
- An overview of the concepts of trust and good faith in different jurisdictions
- A guide to maintaining trust on both sides during the negotiation process
- Suggestions as to the terms you should include in the final agreement
- Consideration of how the contract should be performed
- What to do if the contract is not performed
What are the Goals?
By the end of this AZTech training course, participants will be able to:
- Understand the importance of trust in negotiating and performing contracts
- Use techniques to ensure that trust is maintained throughout the process
- Understand the importance of unambiguous drafting of contracts
- Decide how to ensure the other side performs the agreement
- Know what to do if a party is in breach
Who is this Training Course for?
This training course will benefit all levels of those concerned with contract procurement, negotiation and management.
This AZTech training course is suitable to a wide range of professionals but will greatly benefit:
- Contract administrators
- Contract managers
- Project co-ordinators
- Supply officers and procurement personnel
- Those involved in risk management
How will this Training Course be Presented?
This AZTech training course will utilise a variety of proven adult learning techniques to ensure maximum understanding, comprehension and retention of the information presented. This includes a high degree of delegate participation, with group exercises and case studies and encouragement of discussion. Delegates will be supplied with relevant materials, in particular contractual documents to consider and discuss. Questions are encouraged and the emphasis will be on practical solutions to contractual problems.
The Course Content
Day One: The Concepts of Trust and Good Faith
- The importance of trust in bargaining
- Promises and their resulting expectations
- Knowing who to trust
- Attaining and maintaining trust
- Why have a contract?
- The notion of good faith in different jurisdictions
Day Two: Trust in Negotiating an Agreement
- Pre-negotiation precautions
- Negotiation objectives and strategy
- Negotiation tactics
- Maintaining trust during negotiations
- Managing risk during negotiations
- Negotiating a final agreement: letters of intent
Day Three: Drafting the Agreement to Maintain Trust
- What constitutes a contract?
- Protection of trust and good faith in different jurisdictions
- Structure of contract documents
- Protection of trust in drafting the contract
- Excluding and limiting liability
- Providing for the consequences of broken promises
Day Four: Performing the Agreement
- What the law expects from each party
- What the parties expect from each other
- Creating an environment of trust
- The importance of communication
- Varying the agreement
- Dealing with sub-standard performance
Day Five: Reacting to Breach of the Agreement
- Awareness of the governing law and your legal rights
- The decision to enforce or not to enforce your rights
- Managing claims against you
- Contractual dispute resolution
- Alternative dispute resolution
- AZTech Certificate of Completion for delegates who attend and complete the training course