What Makes A Good Contract?
The Essential Ingredients
- Offer and acceptance
- Certainty
- Intention to create legal relations
- Consideration
- Capacity
- Statutory provisions
Creating Contracts That Can Be Enforced
- When do contracts have to be in writing?
- How do you sign a contract?
- Impact of the Contract and Commercial Law Act 2017 on writing & signature requirements
What Kinds Of Contracts Are There?
- Deeds versus simple contracts — what’s the difference?
- What are implied terms?
- Standard form contracts and other express forms of contract
“Hands-On” Workshop: Constructing Good Contracts
- The real costs of “sloppy” contracts: learning from the mistakes of others
- Understanding the form and content of a contract
- What makes a good contract: details and consistency
- The advantages of “plain English” drafting
- Risk management in contract drafting: exemption clauses and limitations of liability
- Alternative Dispute Resolution (ADR) clauses
- The international dimension: jurisdiction and choice of law clauses
- Minimising misunderstanding: traps and pitfalls when drafting clauses
- Tips for effectively reading contracts
The Effect of Estoppel and Statutes on Your Contract
Estoppel — A Double-Edged Sword
- What are the principles?
- Estoppel in practice
- How and when to use it or avoid it being used against you
Statutory Impact On Contract Law
- Fair Trading Act 1986
- Consumer Guarantees Act 1993
- Contract and Commercial Law Act 2017
- Employment Relations Act 2000
- Commerce Act 1986
- Copyright Act 1994
- Construction Contracts Act 2002
- Privacy Act 1993
What Happens When Things Go Wrong?
Setting Aside Contracts
- Mistake
- Misrepresentation
- Duress
- Undue influence
- Unconscionability
Remedies for Breach or Repudiation
- Injunctions
- Specific performance
- Cancellation
- Damages
- Restitution
Assessing Damages
- How and when damages are assessed
- What if the contract provides for the way damages are assessed?
- Liquidated damages and penalty clauses
- Expectation, reliance and restitution losses
- Damages resulting from “loss of a chance”
- Damages for disappointment, distress and psychological injury arising from breach of contract
- Matters affecting the recovery of damages: mitigation and contributory negligence