Contract Law for Non Lawyers

10 - 11 Oct 2019Wellington$2099 + GST
14 - 15 Oct 2019Auckland$2099 + GST
Event Details

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
                            • 14 - 15 Oct 2019
                            • Super saver price $2099 + GST
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                            • Last minute price $2399 + GST
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