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Audience This event is intended primarily for in-house lawyers...but previous delegates have also included solicitors in private practice, company secretaries, MDs, commercial directors and managers, and contract managers. This seminar is designed fo rthose who have some experience of standard conditions and wish to expand their knowledge in this area. Course Outline The legal framework - Terminology - what are terms, conditions, warranties, etc?
- The impact of general contract law principles on standard contract terms
- What makes a contract legally binding?
- Incorporation of standard terms into the contract - 'battle of the forms' etc
- Codification of the contractual relationship in particular types of contracts
- Sale of Goods Act
- Supply of Goods and Services Act
- Commercial Agents Regulations
- Others?
Key commercial terms - I - Agreements for the sale of goods
- Agreements for the purchase of goods
- Agreements for the supply of services
- Agreements for the purchase of services
'Boilerplate' clauses - Warranties and representations
- Commercial terms
- Taking account of the legal framework, including statutory implied terms under the Sale of Goods Act, Supply of Goods and Services Act
- Liability, exclusion and 'entire agreement' clauses
- Commercial terms
- Taking account of the legal framework, including Unfair Contract Terms Act, Unfair Terms in Consumer Contracts Regulations, Representation Act
- Assignment, sub-contracting and change of control
Drafting exercises Attendees will be divided into small groups and set some drafting questions. Their answers will be reviewed in the next session Answers to exercises and discussion Key commercial terms - II - Confidentiality agreements
- Consultancy agreements
- Agency agreements
- Distribution agreements
- Intellectual property licensing agreements
- Equipment leasing agreements
Forbidden clauses - Competition Act 1998 and OFT guidance
- EC horizontal and vertical guidelines
- Relevant EC block exemption regulations and notices
- Notice on Agreements of Minor Importance
- Vertical Agreements Regulation
- Technology Transfer Agreements Regulation
- R&D Agreements Regulation
- Notice on Subcontracting
Interpretation and litigation of commercial contracts - General principles of contract interpretation - the 'canons of construction' etc
- Specific case law on particular types of commercial contract
- Choice of law and jurisdiction clauses
How to make a booking for the LE-CL-DR course
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