Course Description

Course Title : Certificate in Commercial Contracts

Law Society of Ireland – Diploma Centre



Programme objectives

On completion of the Certificate in Commercial Contracts students will be able to:

  • Review commercial contracts and provide guidance on specific sections therein;
  • Draft, structure and advise on a wide array of commercial contracts across numerous industry sectors;
  • Adapt and amend commercial contracts in order to tailor them to a client’s specifications;
  • Recognise potential loop-holes or risks in a contract;
  • Examine relevant boiler-plate clauses in a contract and explain their implications.

This course provides an understanding of the fundamental competencies required by the commercial lawyer when drafting, reviewing, and negotiating commercial agreements. It includes guidance on the structure and format of commercial contracts and emphasises the importance of using clear and concise language when drafting such agreements. Experienced practitioners provide drafting tips and best practice recommendations on how best to ensure that your commercial contracts provide legal and commercial certainty. The course begins with generic drafting advice, examining standard boilerplate provisions, before considering issues pertinent to specific practice areas in more depth.

Modules

The programme is based on the following module scheme and covers key themes as listed below:

Module 1: Drafting commercial agreements

  • Standard contract structures, rules of interpretation, implied and express terms
  • Proficient drafting, terminology, business acumen, expectation management
  • Negotiating contracts and risk management, due diligence
  • Dispute resolution options, remedies, and enforcement

Module 2: Commercial agreements

  • Supply agreements, key terms, exclusion clauses and legislative provisions
  • Agency and distribution agreements, role of the commercial agent, duties and rights, termination clauses
  • Outsourcing, service description, due diligence and contract management
  • Share purchase agreements, financial assistance and s.82 of the Companies Act 2014

Module 3: Technology and e-commerce

  • Technology contracts and E-commerce regulations
  • Website terms and conditions, website privacy notices and cookie policies
  • Distance selling and cooling off periods
  • Intellectual property and copyright

Module 4: Consumer law

  • Core legislative provisions
  • Implied conditions and warranties
  • Consumer protection, interpretation and application
  • Unfair commercial practices

Module 5: Data protection

  • The introduction of GDPR
  • Remedies, liability and sanctions
  • Data protection concepts, the role of the Data Protection Commissioner
  • The controller/processor contract
  • Data subject rights and notification requirements
  • Data transfers outside the EU

Module 6: Public procurement and tendering

  • Procurement rules and procedures
  • Tender evaluation, selection and award criteria
  • Disclosure requirements

Workshops

Workshops are interactive sessions that focus on group problem-solving and are designed to revise all modules covered to date and to consolidate the participant’s knowledge:

  • Workshop 1: Saturday 27 April 2019: Practical application through case studies and drafting exercises of issues encountered in lectures relating to share purchase agreements, supply agreements, agency and distribution agreements.
  • Workshop 2: Saturday 25 May 2019: Practical application through case studies and drafting exercises of issues encountered in lectures relating to technology and e-commerce contracts, website terms and conditions , and data protection provisions.

Assessments

2,500-word written assignment (80%) and continuous assessment through online activities (20%).

Who should attend?

This course is suitable for:

  • Public sector, private sector and in-house solicitors who deal with commercial contracts on a daily basis;
  • Trainee solicitors and students seeking to expand their knowledge of the commercial industry;
  • Barristers who practice in the areas of commercial litigation, chancery and contract law; and
  • Other suitably qualified professionals who are involved in negotiation and drafting commercial agreements.

We welcome applications for this course from suitably qualified non-members. Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee of €100.

Faculty

Lecturers and tutors will be drawn from solicitors, barristers, and others with expertise in negotiating and drafting commercial contracts. Previous lecturers have included the following:

  • Leonora B. Doyle, senior consultant solicitor
  • Edel Hartog, Mason Hayes & Curran
  • Leo Moore, William Fry
  • Feilim O’Caoimh, McDowell Purcell
  • John O’Keeffe, John O’Keeffe & Co, Solicitors
  • John Darby, Flynn O’Driscoll
  • Eimear Lyons, Mason Hayes & Curran
  • John Whelan, A&L Goodbody
  • Anne Bateman, Philip Lee Solicitors
  • Shaun O’Shea, Beauchamps
  • Sean O’Reilly, Senior Associate, Ronan Daly Jermyn
  • James Kinch, Specialist Solicitor, Chief State Solicitor’s Office
  • Shane King, Solicitor, Coras Iompair Eireann (CIE)

CPD

The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions. For further information and the booklet, see CPD scheme.


College Name Law Society of Ireland – Diploma Centre
Course Category Law
Course Type Blended - Mix of Classroom & Online
Course Location Dublin, Ireland
Location Postcode Dublin 7
Course Start Date 23rd March 2019
Course Fee 1550
Awarding Body Law Society of Ireland
Title of Awarding Certificate in Commercial Contracts
For information about Law Society of Ireland – Diploma Centre, please visit our college page on www.nightcourses.com by clicking here.

Course Provider

Law Society of Ireland – Diploma Centre



The Education Centre, Blackhall Place, Dublin 7 (DX 79 Dublin), Ireland D07 VW24, Dublin, Ireland

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