A Course Overview
The success of an internal domestic market depends on the validity of contracts supporting commercial relationships. Understanding how contracts are formed and operate are key to the success of every business. Professionals advising businesses are asked to negotiate, prepare and advice on different types of contracts.
In the law of contracts, the Latin principle pacta sunt servanda is the starting point. This phrase means that agreements must be kept. Parties must perform their obligations and promises when they have binding contracts.
Under English common law, parties are generally allowed the freedom to enter any agreement they like. However, this freedom is not without restriction. Agreements must not be unlawful or is against public policy.
Valid contracts start with the essential elements, namely, the intention to enter into a contractual agreement, offer, acceptance and consideration. The question of how to protect a party once a valid and enforceable contract is breached is fundamental.
Professionals will need to assist their clients in deciding which remedies are best to protect the interests of their clients.
Domestic contracts are regulated by domestic courts. However, globalization has now added new dimensions to the domestic contract. Clients will need to know which courts have jurisdiction to hear and resolve their disputes even if their contracts are restricted to domestic relationships.
Commercial law governs both domestic and international commercial transactions. It covers areas of law such as contracts, torts, the sale of goods, marketing agreements, finance, credit arrangements, transportation, insurance, competition, intellectual property, tax law and customs.
When we deal with an international sale of goods, the considerations become even wider as we need to consider contract law, established customs and usage, national legislation of both the country of export and that of import, European law and international conventions.
An agreement for the international sale of goods involves goods being sold and shipped by sea, road, rail, or air to another destination in a different country. Both parties to the transaction will be taking steps to protect themselves against the risks involved in international trade such as risks in transport, financial risks, and force majeure.
There is no one size fits all and therefore to avoid or minimize risks, practitioners need to look at each case to determine the best risk management strategy for their particular clients. Effective drafting of clauses in agreements, insurance policies and secure cost-effective payment methods are just as important as choosing the best business model and partners.
Course Syllabus
Modules
- Essential Elements of a Contract – how tocreate a legal relationship, an offer, acceptance, and consideration.
- Structure and Parts of a Contract – identify the types of clauses in contracts and their function
- International Commercial Agreements -learn about how sales agreements and how they are enforceable internationally
- International Carriage of Goods -study the different documents needed for the international transportation of goods, the different insurance options available to protect the goods and the relevance of the Incoterms
- Agency, Distribution and Franchise Agreements – examine the different types of business models for taking goods to market, learn basic rules for drafting and remedies for breach of international contract
- Finance and Security in the International Sale of Goods -learn how to finance and secure payment in international agreements including through letters of credit
- Case Study
- Writing Corner
Each topics contain a study of essential vocabulary and legal elements, exercises, writing, drafting, case studies and role plays.
Total hours for the course = 6 hours
Mode: Online
Dates for Group course: 2 March 2022 – Session 1 (10:00 – 13:00) (13:00-14:00 lunch break) Session 2 (14:00-17:00)
Trainer & Author of Legal English (Pearson 2021): Sofia Parastatidou
Sofia is qualified in the UK and has been admitted as a solicitor since 1997. She is a former member of the New York State Bar Association and is now trains lawyers, accountants and notaries and teaches law, masters courses and various post – graduate courses. Sofia is the current secretary of EULETA (European Legal English Teachers Association) and author of Legal English (Pearson) and trains lawyers who wish to re-qualify through the Solicitors’ Qualifying Examination to become solicitors in England and Wales.
Cost: Group: Special Introductory Offer: €150
(minimum 2 people, maximum 30)
Individual: One to One Private Lessons are quoted individually
For further details or to express an interest in this course send an email to : info@britishlawacademy.com
NB: as far as possible groups will be formed based English levels and professional experience.