Presented by
Falconbury

Understanding Commercial Contracts and the Law

This programme is a must for all individuals who are engaged in dealing with commercial contracts and managing contractual relationships, or are a party to a commercial contract.

Find out more

  • Format: Bespoke training

Course overview

Contracting is at the heart of commerce. All too often individuals hide behind contracts, citing them as the reason for not doing things or for doing things in a certain way, without understanding the actual contract itself or how contracts work.

This programme is a must for all individuals who are engaged in dealing with commercial contracts and managing contractual relationships, or are a party to a commercial contract. It’s ideal for those who have no formal knowledge of contracts and as a useful refresher for those with a working knowledge of contracts.

Why you should attend

This programme will equip you with the knowledge and skills to understand and manage commercial contracts. Through the use of case studies you will learn about the key legal concepts and law relevant to your commercial agreements.

Programme

1. Understanding the impact of the law

As an introduction to the day, we review a series of scenarios to establish how the law impacts upon us in our day-to-day dealings with other companies and individuals.

  • Issues
  • Rights
  • Obligations
  • Outcomes

2. How contracts are formed

It can be easy to assume that contracts are the result of a long drawn-out and very formal process. It can be like that but there are traps for the unwary.

  • Elements of a contract
  • Verbal contracts
  • Letters of intent
  • Battle of the forms

3. Service levels, terms and conditions

Contracts use a variety of mechanisms to provide managers with the tools to achieve the performance and objectives they desire. Some of these work better than others and some should be avoided.

  • What is an SLA
  • KPIs and metrics
  • Progressive escalation
  • Pitfalls of standard terms

4. Establishing and managing contracts

Contracts are rarely established by the people who will be managing them. Often there is a disconnect between the agreed deal, the contract that is set up and the on-going management of the contract post-contract award.

  • Contract dashboards
  • Performance reviews
  • Contract governance
  • Change control

5. Intellectual property

In the information age litigation between companies over the rights to inventions, ideas and ways of working can be very expensive and the outcome is, at best, uncertain. Managing your intellectual property is now a matter of necessity – not something that can be left to chance.

  • What is IPR
  • Trademarks, copyright and know-how
  • Confidentiality and non-disclosure agreements
  • Protecting yourself

6. Termination and breach

Inevitably some contracts will fail or will become redundant or, simply, requirements and needs evolve and the contract is no longer fit for purpose. Contracts do need to be terminated and the transition to a new contract and/or new provider needs to be managed well.

  • Contract dashboards
  • Performance reviews
  • Contract governance
  • Change control

7. Alternative dispute resolution

Not every contractual dispute needs to end in full-blown litigation. There are a variety of sophisticated and quasi-legal routes to resolve contractual disputes.

  • Arbitration
  • Mediation
  • Litigation
  • Negotiation

Rob Maguire

Rob Maguire runs his own consultancy and his experience spans the full range of issues from developing an appropriate contract strategy and building a performance dashboard, to negotiation and conflict resolution to dealing with the inevitable management issues that arise in any long-term relationship. Through his consulting, coaching, mentoring and skills development interactions, he helps major organisations transform their approach to their commercial relationships.

More details

We don't have any currently scheduled dates for this course but we can customise it to your requirements and deliver it on an in-house basis for any number of your staff or colleagues.

See below or contact us to discuss yor requirements.

Multiple colleagues?
Talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra BEER
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy