CONTRACT SKILLS WORKSHOP
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- Martina Baldwin
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1 CONTRACT SKILLS WORKSHOP CLASA presents a three day workshop enabling you to expand your contract skills from A to Z within the contract cycle Contracts are binding agreements with responsibilities on both parties and can cause a lot of damage if not correctly drafted, read and understood. This course focuses on areas that need to be considered by the legal professional when negotiating, vetting and drafting the contract process, thereby ensuring that the organisation's correct contractual requirements are met and, at the same time, avoiding exposure to unnecessary legal obligations, risks and implications. The purpose of this workshop is to enable delegates to draft and conclude contracts which are free from error, not vague and ambiguous and which are free from onerous clauses and provisions which may result in legal liability or an unfair disadvantage. Topics which will be covered include: The essential requirements for a valid contract Effective negotiation skills Legal jargon explained Vetting contracts Drafting of contracts: - Legal/customer pre requisites - Ownership and risk - Latent and patent defects - Warranties, guarantees and indemnities - Guarantees of payment/performance - Payment obligations - Options and rights of first refusal - Breach and termination of contract - Standard legal clauses Clear, concise and simple drafting skills for contracts Onerous clauses and how to avoid dangerous terms and conditions Tips from practical experience: - Checklists for a variety of standard and commonly used contracts Formalizing the agreement effectively: - Capacity and authority - Signature - Contract retention - Effective management of the contract s life cycle - Close out of contract and archiving
2 OUTLINE / PROGRAMME DAY 1: Tuesday, 9 September :30 12:30 Advanced interpretation of Contracts By Prof. Steve Cornelius This session will address topics such as: Meaning of contract terms Parol Evidence Rule Express Terms Tacit Terms Implied Terms Legal Incidents Rectification Determining the Meaning of Terms General Presumptions Presumptions of interpretation Presumptions of substantive law Rules of Interpretation This session will address contracts/clauses such as: Session 2 13:15 16:00 Specific Contracts re visited By John Janks Suretyships Guarantees Shareholder Agreements Tag along s and come along s Indemnities Cessions and Assignments CPA clauses Pledges Warranties & Related Clauses DAY 2 Wednesday, 10 September :30 09:15 Introduction: Why are contracts so important? By Alison Lee
3 Session 2 09:30 11:30 Negotiation of Contracts By Gary Berndt The negotiation period is seen as the starting point in the contract cycle. Therefore, negotiations that are effectively conducted and correctly recorded will go a long way to making the drafter s task that much easier when it comes to putting pen to paper. Session 3 11:30 15:30 The Contractual Process By Alison Lee This session will cover the entire contract cycle and include some golden rules of the contractual process. DAY 3: Thursday, 11 September :30 12:30 Principles and Practice of Drafting Contracts By Hugh Lane This session includes a step by step guide to the principles of effectively and efficiently drafting legally enforceable contracts. It includes the following topics: how to appropriately allocate risks; formalities required; best endeavours clauses; the capacity to contract of various natural and juristic persons; the contents and format of a contract; drafting techniques and style; duration alternatives; excluding and limiting liability; avoiding pitfalls associated with giving notices; issues regarding entire contract and variation clauses; authority; rectification of contracts; and approximately 30 practical tips on how to address frequently encountered legal issues. IMPORTANT INFORMATION: When: Where: Time: 9 11 September 2014 The Wanderers Club, Johannesburg 08:30 16h00 Costs: CLASA Members: R7, (excl. VAT) Non CLASA members: R8, (excl. VAT) To register, please send your completed registration form back to the CLASA offices by no later than 4 September 2014 Enquiries: Ronel Lindeque (ext. 3) info@clasa.co.za
4 REGISTRATION FORM CONTRACT SKILLS WORKSHOP 9 11 September 2014 Johannesburg Please complete a separate registration form for each delegate Please complete the registration form as well as the terms and conditions in order for an invoice to be generated Are you a member of CLASA? YES NO Delegate s Details Title: First Name: Surname: Special Dietary Requirements: (if any) (please note that there is a surcharge of R per day in respect of Halaal and Kosher meals) Invoicing details Full Company Name: Company Postal Address: Company Telephone Number: VAT Registration Number: Order Number: Name of person authorizing attendance: Department: Name of person managing the payment process: Department:
5 CLASA WORKSHOPS TERMS & CONDITIONS: Registration can only be confirmed once CLASA is in receipt of a completed registration form. Confirmation of registration together with the invoice will be ed to each delegate. Should you not have received such confirmation within 2 days of sending your registration form, please contact the CLASA offices. The full fee is payable on presentation of the invoice. The signatories below confirm on behalf of the company that he/she will accept electronic invoices for the purpose of claiming input tax. CLASA reserves the right to refuse admission where evidence of full payment cannot be shown please fax or proof of payment to the CLASA offices as soon as payment has been made. The fee excludes VAT but includes all tuition, lunches, teaching equipment and course documentation. responsible for reserving and paying for their own accommodation and transport costs. Delegates are In the event of Cancellations: 50% will be refunded if written notice is received 14 days before the event; 25% refunded if written notice is received 7 days before the event. No refund will be paid for cancellations received in writing less than 7 days before the event. In the event of such a cancellation, you are entitled to send a substitute delegate. In this regard, contact CLASA with the changes within 2 days before the event. CLASA reserves the right to change any part of its published programme due to unforeseen circumstances or reasons beyond our control. CLASA assumes no liability for changes in the programme, date, content, speakers and venue. CLASA reserves the rights to cancel any event it deems necessary and will in such an event make a full refund of any registration fee. If for any reason CLASA decides to amend or cancel the event we are not responsible for covering airfares, hotels or other costs incurred by registrants. I / We have read, understand and agree to the terms and conditions: Person authorizing attendance: Signature: Date: Delegate Attending: Signature: Date: Send your registration form and duly signed Terms and Conditions to: The Corporate Lawyers Association of South Africa (CLASA) Fax: or e mail: admin@clasa.co.za Enquiries: Ronel Lindeque Tel: (011) (08:00 13:00) NO registration form will be accepted unless Terms and Conditions have been signed by the delegate and received by CLASA.
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