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Description

On completion of this Contract management (managing contractual risks) course you will be in a position to evaluate the legal and process and issues relating to the formation of contracts and the legal implications of contractual nonconformance.
You will also be able to assess the impacts of breach of contract and examine coping remedies and provisions that are available under such circumstances.
As organisations outsource more and more activity it is vital that they ensure that the associated contracts deliver expected services and/or products. Hence, a fundamental area that those who are tasked with managing the procurement and supply function are faced with is the identification, monitoring and management of contractual risk.
This course is designed to enable you to examine the nature of contract risk and the associated legal implications that relate to contract formation and non-conformance.
As pointed early you will also consider the impact of breach of contract and coping strategies to address such breaches.
Most business agreements are as a result of back and forth negotiations. The real challenge is in knowing the risks that come with this process. You see when you define a business agreement, a.k.a, a contract as legally binding, the real questions is what exactly did you agree to that is supposed to be legally binding and what will you do if the other party doesn’t keep their end of the legally binding agreement.
All of which point to CONTRACT MANAGEMENT and the need to MANAGE CONTRACTUAL RISKS.
Who this course is for:
Anyone in the buying and selling part of the business
Senior Buyer
Category Manager
Contract Manager
Logistics Manager
Supply Chain Executive

What you'll learn

Understand the legal and process issues relating to the formation of contracts

Analyse the different levels of breach of contract and their impact

Understand aspects to considered when making changes to contracts

Requirements

  • You will need a copy of Adobe XD 2019 or above. A free trial can be downloaded from Adobe.
  • No previous design experience is needed.
  • No previous Adobe XD skills are needed.

Course Content

27 sections • 95 lectures
Expand All Sections
1-Issues relating to the formation of contracts
10
1.1-Overview of the Module
1.2-The thing about OFFERS in contracts
1.3-Dealing with counter offers in contractual agreements
1.4-Confirming the existence of a contract
1.5-Practice Exercise 1
1.6-The price of getting in a contract
1.7-Do they intend to have a deal with you?
1.8-Which documents comes first?
1.9-Quick tips on contract variations
1.10-Practice Exercise 2
2-Implication of various elements of contractual documentation on risks
7
2.1-Overview
2.2-Indemnity and liabilities
2.3-Insurance
2.4-Practice Exercise 3
2.5-Guaranties and warranties
2.6-Liquidated damages
2.7-Practice Exercise 4
3-Analyse the different levels of breach of contract and their impact
6
3.1-Overview of breach of contracts
3.2-Dealing with a minor breach in a contract
3.3-Dealing with a major breach in a contract
3.4-The thing about Fundamental breach in contracts
3.5-Dealing with anticipatory breach of a contract
3.6-The danger of overreacting in a contract
4-Compare and contrast the tools and techniques available to resolve a breach of c
18
4.1-Overview
4.2-The thing about conflict resolution
4.3-Negotiating the problems away
4.4-Possible outcomes when negotiating problems
4.5-Questions to clarify issues behind the negotiation
4.6-Sending Negotiation Agenda and steps
4.7-Advantages and disadvantages of negotiations
4.8-General negotiation approaches
4.9-Mediation and its steps
4.10-Characteristics of mediation and the role of a mediator
4.11-Advantages and disadvantages of mediation
4.12-Conciliation and expert determination
4.13-Advantages and disadvantages of conciliation
4.14-Adjudication and its process
4.15-Characteristics of adjudication
4.16-Arbitration and its characteristics
4.17-What to look for in an arbitrator
4.18-Litigation and legal implications
5-Explain different organisational responses to a breach of contract
4
5.1-Here is a quick thing
5.2-Subcontracting
5.3-Penalty clauses
5.4-Reputational damage
6-Contrast remedies that apply to the non-performance of contracts in procurement
4
6.1-What to expect here
6.2-Contractual provisions on performance
6.3-Clauses for default
6.4-Penalties, liquidated damages and unliquidated damages
7-Analyse the legal consequence of terminating a relationship in procurement
3
7.1-Assessment of damages
7.2-Specific performance
7.3-Termination clause