THE LAW OF CONTRACT COURSE FOR LAWYERS NAD BANKERS

THIS COURSE IS DESIGNED PRIMARILY FOR LAWYERS BUT BANKERS AND LAWYERS HAVE ALSO FOUND IT USEFUL.

THE LAW OF CONTRACT - POSSIBLE SCOPE OF COURSE CONTENT.

INTRODUCTION.

  1. Distinguish agreements, contracts and deeds.
  2. Signing, execution and attestation.
  3. Oral and written contracts.
  4. Importance of the Doctrine of Judicial Precedent.
  5. Equitiy’s role.

FORMATION OF A CONTRACT.

  1. Distinguish Invitation to treat and offer.
  2. Distinguish bids and tenders.
  3. Sales by private treaty.
  4. Acceptance and the rules of communication.
  5. Consideration.
  6. Intention to create legal relations.
  7. Capacity of the parties.

VITIATING ELEMENTS.

  1. Mistake.
  2. Fraudulent misrepresentation.
  3. Innocent misrepresentation.
  4. Duress.
  5. Undue influence.
  6. Illegality


CONTENT OF THE CONTRACT.

  1. Conditions.
  2. Warranties.
  3. Express and implied terms.
  4. Salvation and other specific clause.

TERMINATION OF THE CONTRACT.

  1. Performance.
  2. Agreement.
  3. Breach.
  4. Frustration.

REMEDIES AND RESTITUTION.

  1. Common law remedy as of right to damages.
    • Unliquidated damages.
    • Liquidated damages.
    • Remoteness of damages.
    • Duty of mitigation.
  2. Equitable remedies at the discretion of the court.
    • Specific performance.
    • Injunctions.
      • Prohibitory.
      • Mandatory.
      • Interlocutory.

PRIVITY OF CONTRACT.

  1. Assignment.
  2. Agency.
  3. Trusts.
  4. Multi-partite agreements.
  5. Collateral contracts.
  6. Statutory exceptions.

CONTRACTS FOR THE DISPOSAL OF REAL PROPERTY.

  1. Form of the contract.
  2. Final completion of the transaction by deed.
  3. Comparison and contrast of the English and Polish documentation and processes.
  4. Identification of various estates in ownership and occupation of real estate.
  5. Registration of ownership and title.
  6. Incumbrances.

CONTRACTS OF EMPLOYMENT.

  1. Contracts of service.
  2. Contracts for services.
  3. Agency contracts.
  4. Commission contracts.
  5. Comparison and contrast of English and Polish contracts.

LICENCES, TENANCIES & LEASES.

  1. Distinguish.
  2. Specific precedents.
  3. Residential and business premises.
  4. Land.
  5. Equipment.
  6. Operational and financial leases.

GIFTS AND DONATION.

  1. Enforcability.
  2. Specific documents.

SPECIFIC COMMERCIAL AND OTHER DOCUMENTS.

  1. Quotation, order, acceptance, invoice.
  2. Contract of employment of sales agent as an independent contractor.
  3. Distribution agreement.
  4. Franchise agreement.
  5. Building and construction contracts. This subject open to considerable expansion.
  6. Notices and related documents connected to the operation and termination of contract