(MC) CONTRACT MANAGEMENT “Post Covid-19”

24-25 Aug, 2022, Remote Online Training - Public

IPA Training is Registered with

Venue Details

Remote Online Training - Public


Contact us

FOR COURSE DETAILS

Juliany,

Office: 03 2283 6109

Mobile: +60 122281247

juliany@ipa.com.my

Phoebe,

Office: 03 2283 6100

Mobile: +60 193637822

phoebe@ipa.com.my

Bee Teng,

Office: 03 2282 6112

Mobile: +60 172566121

beeteng@ipa.com.my

FOR CUSTOMISED IN-HOUSE TRAINING

Jane,

Office: 03 2283 6101

Mobile: +60 129418251

jane@ipa.com.my

Keith,

Office: 03 2283 0000

Mobile: +60 162272735

keith@ipa.com.my

ADDRESS

A-28-5, 28th Floor, Menara UOA Bangsar,
No.5, Jalan Bangsar Utama 1,
59000 Kuala Lumpur

FOCUSING ON
  • Module 1: Understanding Contracts
    The 5 Step Guide To Having A Proper Contract
  • Module 2: The 5 Step Guide To Having A Proper Contract (Cont)
  • Module 3: Managing Your Contracts
    Types & Categories Of Terms In A Contract
  • Module 4: Managing Your Contracts
    Controversial Terms In Contracts And Their
  • Module 5: Breach Of Contract & Remedies
  • Module 6: Defenses - Especially During And Post Covid-19 Pandemic –Force Majeure
  • Module 7: Defenses - Especially During The Covid-19 Pandemic – Frustration Of Contracts
  • Module 8: Procedures Following A Breach Of Contract
INTRODUCTION

The aim of this course is to share all the relevant principles and law related to effective contract management, so as to give it a logical base for all those are who are entrusted with the responsibility of managing contracts in their organizations. One of the highlights in this course will be the topic of the Covid-19 Pandemic and how it may have affected various contracts and to what extend if any. This course encourages the participants to be efficient and smart in their choice of words and more importantly the terms, when managing their contracts.

By attending this course, organizations and their staff will be well versed with their legal rights in the Law of Contract which is applicable in their everyday working lives, especially the procurement department and they will be able to work more independently, but in the right mode, ensuring zero legal liabilities for their organizations. All participants will be able to implement the Best Practices and Standards in Contract Management post Covid-19.
Our motto is:-“Get it right in the Boardroom and keep out of the Courtroom”

COURSE LEARNING OUTCOMES (CLO)
  1. Knowing the Law of Contract principles relating to the formation of contracts.
  2. Explain the Law of Contract principles relating to the formation of contract and be in a secure position when negotiating a contract.
  3. Being better able to read and understand contracts to be in a position of advantage.
  4. Explain to identify clauses in your contracts that might be beneficial and or detrimental to your company.
  5. Comply the effects of the Covid-19 Pandemic on your contracts and the precautions to be taken post Pandemic.
  6. Explain and analyze key provisions in contracts eg Exclusion Clauses, Force Majeure, Termination Clauses and more
  7. Learning key principles relating to the award of damages.
  8. Knowing when contracts can be terminated or becomes void, including during and post Covid-19 Pandemic.
  9. State key principles relating to the award of damages and some of the key defenses in Contract.
  10. Understanding the legal process involved for breach of Contract.

WHO SHOULD ATTEND
  • Managers & Executives
  • HODs
  • Personnel from the Procurement, Sales, Finance, Contract Management & Legal Departments
  • Anyone who is dealing with Contracts
METHODOLOGY
Lectures / Activities / Group Presentations / Videos
Notes / Workshops / Post-Course Assessment
Over the two-day program, the delegates will go through lectures
and tutorials together with workshops on actual case studies and contract problem solving. There will be group workshops for all modules conducted during the course.
DAY 1
9:00

MODULE 1: UNDERSTANDING CONTRACTS
THE 5 STEP GUIDE TO HAVING A PROPER CONTRACT 

  • Offer
    - What is a valid Offer?
    - Offers & Invitation to Treat
    • Acceptance
    - Rules for a valid Acceptance
    - Silence & Acceptance
    - Can we revoke Acceptance
    • Consideration
    - What is Consideration & its Importance in Contracts
    - How much Consideration is Good Consideration
    - Non Payment and its Effect on the Contract
10.45

 MODULE 2: THE 5 STEP GUIDE TO HAVING A PROPER CONTRACT (CONT)

  • Intention to Create Legal Relations
    - Are all Contracts valid even if there was no Intention to Contract
    - Intention in the Commercial World
  • Capacity to Contract
    - Who is & is not Eligible to Contract in Malaysia
    - Companies & their Capacity to Contract
    - Can employees contract on behalf of their Companies?
  • Workshop

 

1:00 Lunch
2:00

MODULE 3: MANAGING YOUR CONTRACTS

  • Implied and Express Terms in a Contract
  • What are Implied Terms
  • How Relevant are they?
  • Conditions and Warranties & other Categories of Terms
  • Understanding Conditions and Warranties and How They Affect Contracts
  • Standard Terms in Contracts
  • Workshop

 

3:45

MODULE 4: MANAGING YOUR CONTRACTS
Controversial Terms in Contracts and their Effect on the Parties

  • Exemption Clauses / Limitation Clauses
  • How Would Exemption Clauses Affect a Contract
  • Latest developments & Case Law
  • Section 29 Contracts Act 1950
  • Contra Proferentum Rule
  • Workshop

 

5:00 End of Day 1
DAY 2
9:00

 MODULE 5: BREACH OF CONTRACT & REMEDIES

  • Circumstances Constituting a Breach of Contra
  • How to Avoid It
  • Liabilities of The Parties
  • The Different Types of Remedies
  • Pitfalls and Dangers of Premature Termination of Contracts
  • How to Ensure a Safe Termination
  • Workshop

 


10.45

MODULE 6: DEFENSES - especially during and post COVID-19 Pandemic -FORCE MAJEURE

  • When WHO declared COVID-19 a pandemic, does it qualify as a Force Majeure event?
  • Interpretation of Force Majeure in Malaysia vs stability and predictability of commercial transactions
  • Is COVID-19 a defined force majeure event?
  • Could COVID-19 have reasonably been anticipated?
  • Is there a causal link between COVID-19 and the non- performance of the contractual obligations?
  • Is there an obligation to minimise the effect of the force majeure event?
  • What are the notice requirements?
  • What are the consequences of the force majeure? Is your contract terminated?
  • Term Contracts – What happens when the COVID-19 crisis is over?
  • Workshop

 

1:00 Lunch
2:00

MODULE 7: DEFENSES - especially during the COVID-19 Pandemic - FRUSTRATION OF CONTRACTS

  • Section 57 (2) Contracts Act 1950 – Frustration
  • Doctrine of Frustration of Contract and COVID-19
  • The test for Frustration
  • Underlying Theories – The just solution theory
  • COVID-19 - Impossibility of Performance & Unlawful to Perform?
  • 3 Major elements in Frustration – Is COVID-19 within these elements?
  • Remedies available to the parties to Frustration
  • Workshop

 

3:45

MODULE 8: PROCEDURES FOLLOWING A BREACH OF CONTRACT

  • Limitation Period
  • Arbitration Clauses and Alternative Dispute Resolution
  • Dispute Resolution in the Courts of Law
  • Territorial Jurisdiction
  • Originating Processes

 

5:00 End of Course