Why You Should Attend This Course:
This 2-day course explores the legalities of contract and contractual obligations from the perspectives of a contract manager. This overview and understanding of the operations of Contract Law will therefore better enable persons employed in the role of contract managers to fulfill their responsibilities in an effective way.
** Prior to attending this course, participants should preferably have completed:
** Upon completion of this course, participants may progress to attend:
Course Outline:
Day 1
Roles and Responsibilities of a Contract Manager
- Formalities, structure and format - Drafting with or without precedents
- Relationship building - Setting Targets, timelines and periodic review
Features of Contract Management
- Identify issues to be managed - Establish an effective team - Lists of services and deliverables expected - Importance of having a well-constructed SLA - Evaluating and managing contractor performance - Developing, implementing and measuring Key Performance
- Drive business value to meet company's goals
- Checklists for IT Outsourcing contracts - Services to be performed by vendor - Charges e.g. GST - Hardware and software - Project managers - Warranties e.g. performance standards - Backup and disaster recovery - Exclusion of liabilities - Turn-back services - Indemnity - Confidentiality - Force majeure - Waiver - Assignment - Entire agreement - Governing law
- Patents - Trademarks and service marks - Confidentiality clauses - Copyrights, industrial designs
Enforceability Is the contract enforceable?
- Invitation to treat e.g. auction and tenders - Electronic formation of contract e.g. e-offer or e-acceptance
- Consideration - The requirement of a benefit/detriment in a contract - Rules of consideration in drafting innovative contracts
- Minors - Companies - Mentally ill persons
An Effective Contract Manager's Essential Negotiation skills
The Contents of Contract how to manage?
- Implication by custom - Implication by fact - Implication by law
- From literal to contextual interpretation - Inadmissible evidence
- Contra proferentum rule - Exceptions of negligence liability under the Unfair Contract Terms Act - The enforcement mechanism under Statutory restrictions
Day 2
Managing Contract Performance
The Effective Use of Service Level Agreements
Contract Review and Meetings
Managing Contract Documentation
Vitiating Factors in a Contract
- Non est factum - Fundamental mistake about contractual document
- Identifying representations from terms of contract - Identifying actionable statements and omissions - Silence (non-disclosure) to constitute misrepresentation - The three types of fraudulent, negligent and innocent misrepresentation - Consequences of misrepresentation - Remedies available - What is rescission? - Damages under Misrepresentation Act - Restitution, indemnity and damages at Common Law
- Illegitimate pressure - Voidable contracts
- Voidable contracts
- Presumption - Void contracts at common law - Contract in restraint of trades - Illegal contracts
Termination of contracts
- By performance - By agreement - By frustration
Construction of the Contract
Remedies for the Breach of contract
Enforcement Methods
Who Will Benefit?
This course is ideal for contract managers or persons employed in the role of managing contracts to fulfill their responsibilities in an effective way.
Trainer s Profile:
Prof Catherine Tay Swee Kian is an Associate Professorial Fellow lecturing law at the National University of Singapore, Department of Strategy and Policy (NUS Business School). She is also an Advocate and Solicitor of the Supreme Court of Singapore and an author of several law books, including contract law book. She is a Barrister-at-Law from Lincoln s Inn, United Kingdom.
Prof Tay studied law at Queen Mary College, University of London and graduated with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.
Prof Tay was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She has presented papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore. Prof Tay is an examiner on law subjects for a number of professional bodies in Singapore and overseas. She also conducts in-house seminars for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations.
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