Friday 7 November 2014

2 Days Workshop on Contract Law

 
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Course Information
Date: 20 & 21 November 2014 (Thu & Fri)
Time: 9.00am to 5.00pm
Venue: Concorde Hotel Function Room (f.k.a Le Meridien Hotel)
Fees: SGD800 (NETT)
S$320 (After PIC Grant)
*Enjoy up to 400% tax deduction or 60% cash payout under the Productivity and Innovation Credit (PIC) scheme for Staff Training. Find out more at https://www.iras.gov.sg/ or email picredit@iras.gov.sg
Inclusive of teabreaks and lunch
Registration is on a 1st come 1st serve basis. Register early to avoid disappointment.
Click here for registration form
To register, please contact Ms Elsie Koh @ 9857 8570/ 62789785 or elsie@360degrees.com.sg
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2 Days Workshop on Contract Law


Workshop Description

Almost daily we all make contracts. Ignorance is not a privilege. It is a misfortune.
Managers, company directors, executives and businessmen need to clearly understand contract law. Now it is even more important to understand how contracts can be made electronically through the email and the world wide web over the internet.

Get a thorough understanding of the principles of contract law through this interactive course taught by a well-known author of 26 law books, including the best-seller book "Contract Law:. Emphasis will be placed on the terms and clauses frequently used in the drafting of contracts, agreements and joint ventures.

Rules on contract drafting will be discussed. Samples of different types of contracts will be provided such as contracts of employment. Participants will learn how to terminate a contract and know the remedies available for breach of contract.

Course materials will be given which are useful and invaluable references. Case studies and case presentations will be given. You will learn how to conduct your businesses effectively within the laws of business and companies.

Participants will also benefit from the interactive sessions with the lecturer. Video training materials will be used to enhance learning.

Workshop Outline

Nature of A Business Contract

  • commercial contract
  • gentlemen agreements
  • oral/verbal contracts and written contracts
  • who is the reasonable man?

Effective Negotiation Skills

  • hard versus soft negotiator
  • how to negotiate for a successful contract?
  • Harvard Principled Negotiation Techniques

Requirements of a Valid Contract

  • distinguish between "invitation to treat: and "offer:
  • newspaper advertisement and catalogs
  • intention to create legal relations, domestic and commercial contracts
  • consideration: sufferance e.g. the price
  • Contracts (Rights of Third Parties) Act
  • Capacity to make a contract
  • minors
  • mentally disordered and drunkards

E-Commerce Contracts

  • making contracts via emails and the world wide web on the internet
  • Electronic Transactions Act & its implications

Formalities of a Contract

  • expressed terms versus implied terms
  • parol evidence rule in written contracts
  • conditions: fundamental terms
  • warranties: minor terms
  • complex terms
  • breach of conditions & warranties

Exemption Clauses

  • Unfair Contracts Terms Act
  • control of exclusion clauses by case law & statutory laws
  • negligence & damages

Factors affecting Contract

  • misrepresentation
  • inducement, sales talk
  • fradulent, negligent & innocent misrepresentation
  • effects of misrepresentation
  • remedies: recission & damages
  • mistake
  • types of mistakes
  • mutual mistake
  • common mistake
  • inilateral mistake
  • operative mistake to avoid contract
  • duress & undue influence
  • voidable contract
  • economic duress, loss of profits
  • illegal contracts & its consequences
  • void contracts
  • contracts in restraint of trade
  • non-competition clauses preventing working elsewhere

Discharge of Contracts

  • 4 ways to terminate a contract
  • by performance
  • by agreement (novation)
  • by frustration
  • by breach

Remedies for Breach of Contract

  • refuse further performance
  • damages: monetary compensation & awards
  • how much monetary awards can be claimed?
  • Rule of remoteness of damage
  • mitigation of damages
  • speculative damages
  • liquidated damages, pre-estimate genuine damages, penalty clauses
  • specific performance
  • injunctions

Golden Rules In Drafting of Contracts

How to Resolve Your Contractual Disputes

  • negotiations & consultations
  • mediation
  • arbitration
  • mini-trials
  • litigation & the Legal System
  • the courts
  • common law versus criminal law
  • contract law versus tort law (wrongful acts)

Who Should Attend

This course does not require you to have prior legal knowledge. It is for contracts executives, contracts managers, programme managers, project engineers, managing directors, group financial controllers, company directors, sales directors, business managers, financial controllers, marketing managers and executives, business advisers, bankers, consultants, company secretaries, administrators, credit executives, finance and operation executives, maintenance managers, accounts supervisors, and ANYONE who wants to know company law.

360 Degrees Trainer

Associate Professor Catherine Tay Swee Kian

Assoc Prof. Catherine Tay lectures law at National University of Singapore, NUS Business School in the Department of Strategy and Policy; and medical law and business law at Yong Loo Lin School of Medicine, NUS; as well as dental law and ethics at the Faculty of Dentistry, NUS. A/Prof Tay is an Associate Professorial Fellow, NUS.

She is a Barrister-at-Law, of Lincoln's Inn, United Kingdom and an Advocate and Solicitor in Singapore. She was called to the English Bar in 1978 and the Singapore Bar in 1980. She is an Associate Director, Bernard & Rada Law Corp.
She is an author of several law books including 'Contract Law'; 'Directors' Duties and Liabilities'; 'Business Law' ; E-Commerce Law; Intellectual Property Laws and 'Medical Negligence'. She has published several legal articles in prestigious international and local law journals.

A/Prof Tay studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws (Honours) degree and a Master of Laws degree, in which she specialized in Company, Shipping, Insurance and Marine Insurance laws. She did her pupillage under the Honorable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

A/Prof Tay is also a member of the Centralized Institutional Review Board – Ethics sub committee of SingHealth hospitals and polyclinics; and is also a member of the National Healthcare Group Domain Specific Review Board / Research Ethics committee tasked to review the scientific and ethical aspects of research protocols. A/Prof Tay is an examiner on law and medical law subjects for a number of professional bodies and universities in Singapore and overseas. She was an external examiner in medical law at the Law Faculty of the University of Hong Kong.

She conducts in-house training seminars and workshops for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations. She is also a legal consultant appearing on many television segments.

A/Prof Tay was a committee member of the editorial board of the Singapore Accountant Journal, Journal of the Institute of Certified Public Accountants of Singapore and the (United Kingdom) The Company Lawyer. She was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She has presented conference papers at many conferences and seminars on Business Law, Medical Law, and Company and insolvency Laws overseas and in Singapore.

A/Prof Tay has published numerous articles in international peer reviewed journals such as BIOETHICS, the Hong Kong Journal of Emergency Medicine; the (United Kingdom) Journal of Business Law, (United Kingdom) Business Law Review; the (United Kingdom) Company Lawyer and the (United Kingdom) Insolvency Law & Practice, (United Kingdom) Tolley's professional negligence, (United Kingdom) Tottel's Professional Negligence, the Singapore Dental Journal; the Malayan Law Journal; the Securities Industry Review and The Singapore Law Gazette.

She received the 2008 Sinagapore Medical Journal Recognition Award for reviewing with Distinction for consistently submitting timely, detailed and scholarly reviews.

A/Prof Tay cohosted a weekly talk show "In the Eyes of the Law" on NTUC RadioHeart and was a consultant to MediaCorp television series on consumer laws "What's Your Case" on TV Channel 5.

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