(MC) CONTRACT MANAGEMENT “Post Covid-19”

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

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Learn from the Best

MR. K. Pathmanathan, has more than 30 years of experience in the field of training and education. He is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London and the CLP (Mal.). He is widely recognised as a leading trainer in Contract Management, in Malaysia. In these many years, he has trained personnel from various companies and levels, especially in the areas of Law and Management including Contract Management, Credit Control and Debt Recovery, Negotiation Skills,
Management / Leadership and many more. He has trained and lectured for private companies and government entities.


 

Work Experience

 

K.Pathma started as a Law lecturer for undergraduate law students for a period of about 10 years. As a lecturer, he specialized in the Law of Contract, Law of Tort including Negligence, English and Malaysian Legal System and Trust & Equity.
After which he embarked on Corporate training which he still continues. The topics that he trains on include: Contract
Management; Corporate Liability on Corruption; Debt Recovery; Sexual Harassment at the Workplace and Leadership &
Management programs.
K.Pathma has been lecturing on the Law of Contract subject since 1988 to undergraduate students. He is the pioneer trainer for Contract Management in Malaysia and has been conducting training on this topic for the past 20 years to mostly corporate clients. Some of his clients include major multi-national companies in Malaysia such as Telekoms Malaysia, Petronas, Tenaga National, York, Proton, Risda and many more including the Oil & Gas industry.


 

Benefits of hiring Mr K.Pathma

 

Participants have found his training programs to be interesting, highly effective and practical for their daily duties. These have been manifested in the post-training evaluation reports and the strong recommendation by participants for others to attend Mr. Pathma’s programs. He has a personal commitment to help individuals and organizations to achieve their highest potential and vision.
He has excellent classroom management skills and is able to bring out the extrovert in participants resulting in in-depth lasting results. He is able to combine the elements taught in a specific program both legal and management with real life requirements for those on the job.

 

Industry Experience

 

His clients are mostly from the petrochemical industries, manufacturing sectors, banking, telecommunications, consumer products and services industries namely big corporate companies such as Petronas, PSMB, Tenaga Nasional, Jabatan Air, Telekom, Sarawak Timber Industry Development Corporation, TM Touch, Hitachi,
Tioxide (M) Sdn. Bhd., Ambank, Affin Bank, Bank Rakyat, Nippon Oil Exploration, Hewlett Packard, Penang Port, Penang Bridge Sdn Bhd, Measat Broadcasting Network Systems, Sony, Infineon Technologies, STEC, Wong Engineering, Silterra, Teknik Janakuasa, B Braun, Bax Global, Transocean Malaysia, Harbour Board – Sarawak, Silitek Corporation, Mattel (M), United Sweethearts Garment, Yan Jin (M), BAX Global, Circle Freight, Kintetsu Air Services, Bayview Beach Resort, Cititel Penang, Evergreen Laurel Hotel, DIC
Compounds, Sitt Tatt Co, Tim Electronics, Petronas Fertilizer (Kedah) and its subsidiaries, Fed Ex, GD Express, H. K. Lamtech,
Advance Sound Products, Paramount Engineering, Motosikal & Enjin Nasional Berhad (Modenas), Yamaha and Sime Tyres
International to name a few.

 

Participation from the Government sectors include those from the Land Department, Risda, Felda, Lembaga Hasil Dalam Negeri, Tentera Laut Diraja Malaysia, Jabatan Kesihatan PP, Customs Department, Local Councils and other government agencies.

 

Mr. Pathmanathan is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London in 1986 and the CLP (Mal) in 1987.

Venue Details

Remote Online Training - Public

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Phoebe,
M - 019 363 7822
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
yvonne@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

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