Law - Commercial Contracts

The Law Society of Ireland

Law - Commercial Contracts

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;

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 general drafting advice, examining standard boilerplate provisions, before considering issues pertinent to specific practice areas in more depth.

Subjects taught

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. tbc tbc

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. tbc tbc

*Every effort has been made to ensure the information contained in these pages is accurate and up to date. However timetables and course content are subject to change and date and time changes may occur due to factors beyond our control.

Entry requirements

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 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.

Application dates

Application information
The closing date for applications for this course is 18 February 2022. To apply for this course please follow the instructions below.

Solicitors and Trainees
To pay online click on the 'Book Now' button. For all other methods of payment please see our methods of payment .

Other Professionals
We welcome applications for this course from suitably qualified professionals. Your application must be approved before you can formally register on the course. To apply please email the following documents to diplomateam@lawsociety.ie :

A completed application form (see below)

Your Curriculum Vitae

A short cover letter setting out your relevant experience

Please note, for non-members this course is subject to a supplemental fee of €100 bringing the total course fee to €1,750. No fees are required prior to approval.

Duration

Delivery Method
Lectures and workshop sessions on Saturdays. Online release of lectures. Also available to view on-demand.

More details
  • Qualifications

    Certificate

  • Attendance type

    Part time,Daytime,Weekend

  • Apply to

    Course provider