Course Catalogues / Courses / Description

Price: 3750 £

• Identify the key International Commercial / Contract Law obligations which apply to your organization
• Appreciate how the law regulates International Commercial behavior
• Implement strategies to ensure legal liability is well managed within the organization
• Ascertain the strengths and weaknesses in your current Commercial systems and implement changes to ensure the management of legal risk
• Recognize where legal liability exists in Commercial and design appropriate mechanisms to manage it
• Understand how to use contracts to manage Commercial process and risk
• Manage any risk which arises out of the non-contractual liability in Commercial
• Appreciate issues which arise in the consumer context
• Ensure the correct legal ‘vehicle’ is being used by your organization and identify the essential obligations that arise
• Understand the practical implications of electronic commerce

Course Program:
This program is a guide and may alter to better address participant requirements on a consensus basis

Advance Topics In Intrnational Commercial / Contracts Law • What is law and how does it impact on commercial practice? • The legal system and how laws are made. • Case Law – how to find relevant cases which apply to Commercial practice • The court structure in Australia and the doctrine of precedent • Statutory Law – its relevance to Commercial and interpretation • Legal resources, an examination of on-line resources to assist Commercial managers. • The various alternatives to resolving disputes in Commercial including civil procedure, debt recovery and commercial arbitration Advance Topics In Intrnational Contracts The essential elements of a contract - Intention to create legal relations - Offer and Acceptance - Consideration - Consent The factors which affect performance of a contract - Capacity - Legality of objects - Terms – express and implied - Termination of the contract - The various remedies available to parties for non-performance Risk management in the contract process - How to determine the risks in the contract and the contractual process - Contractual governance within an organisation and how this should be introduced - How to interpret the contract - The use of various clauses to manage risk within the contract Torts in the Business Environment • The concept of torts and the torts which are relevant to business • The differences between obligations in tort and contract and how this is relevant to business practice • The tort or negligence, its essential elements and how it arises in the business context • The tort of negligent misstatement and its relationship with the Trade Practices Act • Economic Torts and there relevance in business • Damages in tort The Various Elements of Consumer Law • The importance of consumer law in business and the issues which arise in practice • The legal framework which exists and how this should be incorporated into operational systems by businesses • The various consumer remedies • The Trade Practices Act and how it regulates consumer behaviour • Misleading and deceptive conduct and S 52 • Representations made in business and how these are regulated by the Trade Practices Act • Other unfair practices including the offering of gifts and prizes, referral selling, bait advertising. • The Sale of Goods Act and the terms which it incorporates into contracts and the remedies which are available • The legal framework for manufacturers’ liability including both common law and legislative requirements • Risk management in the context of consumer transactions and the alternative approaches to resolution of consumer disputes Business Organisations & Legal Structures The different forms of business organisations and the rules regarding incorporation - These organisations include, sole traders, trusts, franchises, incorporated companies and joint ventures - The choice of an appropriate business structure and risks associated with each - The rights of third parties when dealing with different types of organisations The rules relating to the incorporation of companies - The obligations of directors within a company structure including common law and statutory obligations - Corporate governance and compliance requirements in companies The establishment and use of trusts in the business context - The obligations and liabilities of trustees and management of trust activities The legal framework for incorporation of partnerships - The liability of partners to each other and outsiders - The methods of managing risk in a partnership and dissolution of the partnership

Property & Intellectual Property The definition of property - The relevance of property rights in the business environment - Practical considerations in retaining control of property - The enforcement of rights by third parties over property - The transfer of risk in property Real property and how interests in land are created - The rules relating to real property The definition of intellectual property - The rules relating to the various types of intellectual property including copyright, designs, patents, and trade marks. - Identifying the most appropriate methods of protecting intellectual property - The limitations of intellectual property and managing the associated risks - The use of contractual provisions in the protection of intellectual property - The common law right of confidential information - The operation of the Trade Practices Act on intellectual property Insurance • The importance and relevance of insurance in the business context • The regulatory and common law framework for insurance in business • Identification of situations which require insurance in business and an analysis of the obligations on business management when dealing with insurance companies • The duty of disclosure in insurance • A discussion of important types of insurance including indemnity insurance, contingency insurance, and public liability insurance • The form of the insurance contract and the use of clauses to manage liability • The advantages and disadvantages of using insurance intermediaries Employment Law • The issues which arise in the employment relationship • The issue of representations made when employing individuals • Identification of relationships which are classified as employer/employee • The legal framework which regulates the employer/employee relationship • The essential elements of the employment contract • An examination of important contractual clauses including, indemnity provisions and restraint of trade clauses • Other legal liability in employment including vicarious liability Crime in the Business Environment • The definition of crime and the ambit of crime in the business context • The problem of white collar crime and case studies highlighting various examples • Methods of identifying crime and minimising it in the work place • An analysis of various white collar criminal offences including embezzlement, false accounting and fraud Electronic Commerce • How electronic commerce has changed business in Australia • The issues which arise in business and how these impact on other areas of law. These include commercial contracts, torts, crime, consumer protection, restrictive trade practices, intellectual property and business organisations • The regulatory environment and how this guides commercial practice including discussion of the Electronic Transactions Act • The developments in the common law • The problems of governing jurisdiction for businesses • Management of the risks of electronic commerce within the current legal framework. • The future developments and current unresolved issues

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