Certificate in Commercial Contracts

This course provides an understanding of the fundamental competencies required by the commercial lawyer when drafting, reviewing, and negotiating commercial agreements. It includes guidance on the structure and format of commercial contracts and emphasises the importance of using clear and concise language when drafting such agreements. Experienced practitioners provide drafting tips and best practice recommendations on how best to ensure that your commercial contracts provide legal and commercial certainty. The course begins with general drafting advice, examining standard boilerplate provisions, before considering issues pertinent to specific practice areas in more depth.

Modules

The programme is based on the following modular scheme and covers key themes as listed below:

Module 1: Drafting commercial agreements

• Standard contract structures, rules of interpretation, implied and express terms,
• Proficient drafting, terminology, business acumen, expectation management,
• Negotiating contracts and risk management, due diligence,
• Dispute resolution options, remedies and enforcement.

Module 2: Commercial agreements

• Supply agreements, key terms and legislative provisions,
• Agency and distribution agreements, role of the commercial agent, termination clauses,
• Outsourcing, service description, performance indicators.

Module 3: Technology and e-commerce

• E-commerce regulations,
• Website terms and conditions, website privacy statements,
• Software licencing, concept of licensing, limitation of liability,
• Intellectual property, copyright, patentability.

Module 4: Consumer law

• Core legislative provisions,
• Unfair practices,
• Core/non-core unfair terms.

Module 5: Data protection

• Data protection concepts, role of the Data Protection Commissioner,
• Legitimate processing and retention of data, Safe Harbour principles,
• Data transfers, data subjects rights and notification requirements.

Module 6: Public procurement and tendering

• Works, services or supply contracts,
• Procurement rules and procedures,
• Tender evaluation, selection criteria,
• Procurement strategy checklist.

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