Course Description

Certificate in Commercial Contracts

Law Society of Ireland – Diploma Centre



Programme objectives

On completion of this training programme, participants will have attained:

  • A comprehensive understanding of specific areas of commercial contracts, so as to build a complete understanding of the fundamental competencies required by the commercial lawyer;
  • Knowledge of the necessary skillset required of the commercial practitioner, including drafting, structuring and advising on a wide array of business arrangements across numerous industry sectors;
  • An insight into recent judicial decisions and legislative and procedural developments;
  • An ability to recognise when data protection issues arise in a commercial context; and
  • A greater understanding of the role of the commercial practitioner.

Programme structure and approach to learning

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 modular 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 and legislative provisions,
  • Agency and distribution agreements, role of the commercial agent, termination clauses,
  • Outsourcing, service description, performance indicators.

Module 3: Technology and e-commerce

  • E-commerce regulations,
  • Website terms and conditions, website privacy statements,
  • Software licencing, concept of licensing, limitation of liability,
  • Intellectual property, copyright, patentability.

Module 4: Consumer law

  • Core legislative provisions,
  • Unfair practices,
  • Core/non-core unfair terms.

Module 5: Data protection

  • Data protection concepts, role of the Data Protection Commissioner,
  • Legitimate processing and retention of data, Safe Harbour principles,
  • Data transfers, data subjects rights and notification requirements.

Module 6: Public procurement and tendering

  • Works, services or supply contracts,
  • Procurement rules and procedures,
  • Tender evaluation, selection criteria,
  • Procurement strategy checklist.

Workshops

Workshops are designed to be interactive and involve working on selected case-study problems and analysis, with an emphasis on the application of the law to common scenarios encountered in practice.

Workshop Title Date Time
1 Workshop 1: practical application through case studies and drafting exercises of issues encountered in lectures relating to Share purchase agreements, supply agreements, agency and distribution agreements. Saturday 17 April 2021 12:30 – 15:00
2 Workshop 2: 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. Saturday 08 May 2021 13:30 – 16:00

Assessments

2,500-word written assignment (80%) and continuous assessment through online activities (20%). Final assessment date: 11 June 2021.

Who should attend?

The 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 from others who are suitably qualified. 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,
  • John O’Keeffe, John O’Keeffe & Co, Solicitors,
  • John Darby, Flynn O’Driscoll,
  • Eimear Lyons, Mason Hayes & Curran,
  • Leo Moore, William Fry,
  • Andrea Lawler, A&L Goodbody,
  • James Kinch, Chief State Solicitor’s Office,
  • Shane King, CIE,
  • James O’Rourke, Perrigo,
  • John Whelan, A&L Goodbody,
  • Anne Bateman, Philip Lee Solicitors,
  • Enda Garvey, Matheson.

CPD

We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. For further information, visit the CPD scheme and download the CPD booklet.


College Name Law Society of Ireland – Diploma Centre
Course Category Law
Course Type Online Learning
Course Qualification Award / Certificate
Course Location Dublin, Ireland
Location Postcode Dublin 7
Course Start Date 6th March 2021
Course End Date 11th June 2021
Course Fee 1650
Course Times Lectures and workshop sessions on Saturdays. Online release of lectures.
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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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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