Contract Law Essentials: Avoiding Risk
Issues covered include: rectification and variation, drafting contracts, heads of agreement, pre-contractual representations, dispute resolution clauses
Description
Contract expertise is crucial in almost any commercial matter or transaction. Lawyers new to the commercial space or those who would like a refresher should attend this practical seminar to gain a mastery of some of the most important issues in contract law. Perfect your practice, procedure and skills at every key step along the way. From preliminary heads of agreement to contract variations to disputes, you’ll emerge from this hands-on seminar with the knowledge and strategies to minimise contractual risk
Attend and earn 4 CPD points including:
1 point in Competency Area 2: Professional Skills
3 points in Competency Area 4: Substantive Law
This seminar was recorded in WA on 20 March 2019
Chair: Ann Spencer, Barrister, Francis Burt Chambers
9.00am to 10.00am: Rectification and Variation of Contracts
Essential principles and common makes made when seeking the rectification or variation of contracts including:
- The consistency of claims for both rectification and variation of a contract
- The applicability of the parol evidence rule
- Retrospectivity
- The need for consideration
Presented by Leo Tsaknis, Barrister, Francis Burt Chambers
Competency Area 2: Professional Skills
10.00am to 11.00am: Drafting Contracts: Avoiding Mistakes and Minimising Risk
- Drafting contracts in plain English
- Drafting effective contracts
- Understanding conditions and conditional clauses
- Drafting conditional provisions
Presented by Kelvin Tang, Principal Lawyer, Tang Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Heads of Agreement and Pre-Contractual Representations: Problems and Practical issues
- Why use preliminary agreements
- Problems and issues that may arise if the parties’ intentions are not made clear
- When is a preliminary agreement binding
- Drafting a preliminary agreement
Presented by Katja J Levy, Barrister, Rossello Chambers and Richard Douglas, Barrister, Francis Burt Chambers
12.15pm to 1.15pm: Dispute Resolution Clauses
- Do you need a dispute resolution clause at all?
- Tiered/escalated resolution or only final?
- Mandatory or not?
- Choosing the most appropriate (A)DR process
- Common errors and how to avoid them
Presented by Peter Ward, Barrister, Francis Burt Chambers