- * Intermediate/Introductory
This course looks at best practice in drafting to standard terms and conditions of contract commonly used in sale and purchase of goods and services transactions, both between businesses and between businesses and consumers. It enables contractual principles to be put into the context of a specific agreement. It provides a comprehensive guide to drafting common B to B and B to C contracts and up-dates specific clauses with recent case law.
- * Formation of the contract and the battle of the forms - whose standard terms prevail?
- Determining whether there is a binding agreement
- Describing the goods or services - Sale of Goods Act 1979 and Supply of Goods and Services Act 1982
- Fitness for purpose (business and consumer contracts)
- Performance and delivery, no performance and substantially different performance
- Enforceable exclusion and retention of title clauses
- Rights and remedies - consumer and business contracts
- Arbitration, litigation and ADR
- Time savers and boilerplates
- Jurisdiction and choice of law, entire agreement and third parties
- Special issues for specific B2C contracts
- Technology transfer
- Competition Law
- Vertical Block Exemptions
- Distribution and Agency