Course description
Overview
Drafting and reviewing terms and conditions so as to comply with applicable legislation and to protect your clients’ interests is an essential skill for all lawyers.
In a business to business context the parties have significant freedom to decide the content of the terms and conditions between them. However, in a trader to consumer context there are far greater limitations on what can be included, and traders need to have a detailed awareness of these rules so as to ensure that their contract terms are enforceable.
Who is this for?
- Paralegals
- Apprentices
- Trainee solicitors
- Qualified solicitors (1-5 years PQE)
- Legal execs
What will you learn?
This course deals with standard terms and conditions used by businesses to trade with other businesses. Consideration will be given to issues of implied terms, acceptance, delivery, property and risk and available remedies with particular emphasis being placed on reaching a compromise between the competing interests of the parties.
In the trader to consumer context the effect of the Consumer Rights Act 2015 will be considered in detail with emphasis on the rules relating to the supply of goods, services and digital content as well as remedies, enhanced consumer measures and unfair terms.
In both areas’ delegates will review a series of case studies so as to gain a greater understanding of the issues from the perspectives of both the buyer and seller of goods and services. Group feedback will be given.
How does this help your career?
- Understand the key issues relating to incorporation of terms and the battle of the forms
- Comprehend the implied terms of the Sale of Goods Act 1979 and related legislation
- Review a sale of goods contract and consider appropriate amendments from the perspectives of both supplier and buyer
- Comprehend the rules concerning sale of goods, digital content, supply of services and unfair terms found in the Consumer Rights Act 2015
- Apply this knowledge to a case study requiring review of a trader to consumer contract
PSC Elective
This course may be taken as a PSC elective, although it may also be attended by non-trainees.
SRA Competencies
B, C
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Suitability - Who should attend?
- Paralegals
- Apprentices
- Trainee solicitors
- Qualified solicitors (1-5 years PQE)
- Legal execs
Outcome / Qualification etc.
This course deals with standard terms and conditions used by businesses to trade with other businesses. Consideration will be given to issues of implied terms, acceptance, delivery, property and risk and available remedies with particular emphasis being placed on reaching a compromise between the competing interests of the parties.
In the trader to consumer context the effect of the Consumer Rights Act 2015 will be considered in detail with emphasis on the rules relating to the supply of goods, services and digital content as well as remedies, enhanced consumer measures and unfair terms.
In both areas’ delegates will review a series of case studies so as to gain a greater understanding of the issues from the perspectives of both the buyer and seller of goods and services. Group feedback will be given.
Continuing Studies
- Understand the key issues relating to incorporation of terms and the battle of the forms
- Comprehend the implied terms of the Sale of Goods Act 1979 and related legislation
- Review a sale of goods contract and consider appropriate amendments from the perspectives of both supplier and buyer
- Comprehend the rules concerning sale of goods, digital content, supply of services and unfair terms found in the Consumer Rights Act 2015
- Apply this knowledge to a case study requiring review of a trader to consumer contract