Contracts and Legal Writing for Non-Legal Professionals 

4.6

Course Objective

At the end of the programme, participants are expected to BE ABLE to:

  • Understand the prerequisites for contract formation & commercial contracts
  • Develop their role in Contract writing and the ways that it can create value
  • Aware of their legal obligations and responsibilities
  • Understand the risk processes and how they are applied to contract writing
  • Review the probity requirements that apply to contract writing

Target Audience

  • HR Directors
  • General Managers
  • Procurement Administrators
  • Operation Supervisors
  • HR Executives

Methodology

  • Dynamic and highly-interactive presentations
  • Brain-friendly and logical approach in learning
  • Emphasis of pragmatism over theory alone
  • Interactive Trainer Facilitation

Course Modules

Module 1 A Perspective on Contract Writing

  • Various views on contract writing
  • Misconception of it
  • Top 5 Reasons
  • In the beginning
  • Jurisprudence and industry practice
  • Group Exercise and/or Assessment

Module 2 Contract Essentials

  • The difference between a promise and a contract – Legal definition
  • Offer and acceptance
  • Consideration
  • Intention – identify issues with Memoranda of Understanding, Letters of Intent and Letters of Comfort
  • Law of contract & Contract Act 1950
  • Key issues around contract formation
  • Purpose of contracts
  • Risk transfer through contracting
  • Definition of a successful contract
  • Communications chain
  • Group Activity

Module 3 Legal Processes and Implications

  • Malaysia legal system
  • The court of law structure
  • Modes of dispute resolution
  • Understanding the litigation process
  • Common legal implications
  • Alternative dispute resolution
  • Interactive Discussion

Module 4 Terms of T&C in Contracts

  • Certainty of terms – express and implied, agreements to agree
  • Contingent conditions
  • Consider the impact of ‘good faith’ requirements in contracting practice
  • Representations and warranties, limitation clauses, boilerplate provisions
  • Non-disclosure clause

–    Restraint of Trade clause

      –   Terminology – procurement and contracting

  • Group Exercise

Module 5 Setting Aside Contracts & Termination

  • Contract types & Consequences of wrong contract management
  • Types of termination
  • Rescission of a contract
  • Mistake
  • Misrepresentation
  • Misleading and deceptive conduct
  • Fraud
  • Duress and undue influence
  • Unconscionability – statutory unconscionability
  • The Devil’s Advocate of Bangsar
  • Group Exercise

Module 6 Remedies for Breach

  • Injunctions &Specific performance
  • Cancellation
  • Damages
  • Actions for debt and relief against forfeiture
  • Restitution
  • Practical Exercise – Case studies, Mind Mapping

Module 7 Effective Contract Writing

  • New Tech: AI and ChatGPT
  • Contractor Selection Matrix
  • Due Diligence
  • Sourcing & Proposal Evaluation
  • Negotiation Phase
  • Basic Methods
  • Classroom Session on the following: –

–   Identifying elements of a Contract  

      based on case study basis

–   Identifying contract type

  • Group Presentation

–    Wrap Up

  • Mind Mapping and recap

Module 8 Establishing Good Contract

  • Recap Session
  • Common terminologies in a contract
  • Case Study on samples of contracts
  • Standard / Generic Terms/Specific terms
  • Drafting Methodology

–   Formation of Contract – Elements

–    Terms of Contract

–    Terms – Condition, Warranty, and Innominate terms

–    Contract Cessation Phase

  • Participants will be segregated into different groups and prepare a draft of a contract for a particular service.
  • Group Presentation on the above

Module 9 Contractor / Vendor Relationship Management

  • Monitoring performance
  • Contract change controls
  • Amendment of contract terms
  • Performance reviews
  • Consequence Management – How to manage non-compliance
  • Classroom discussion on Compliance Inspection methodology
  • Procurement audits
  • Negotiated settlements
  • Contracting problems and their solutions
  • Ingredients for contracting success
  • Lessons Learned & Mind Mapping
  • Q&A
  • Group Activity
  • An Inspirational Closing
  •  

Get To Know The Trainer

Suresh is trained and certified as an auditor and practitioner in the specialized area of Risk Management under the auspices of United States of America Customs and Border Protection(CTPAT Standards) and Transported Asset Protection Association (TAPA Standards), Asia. He is currently the Managing Director of Paradigm Resources specialized in providing risk management / assessment services for internal / external associates; consultation on brand standards / management / protection; contract management; outsourcing & subcontracting; and; human resources training and development programmes on various specialized topics, predominantly, risk management related subject matters, either on an one off or project basis.

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*T&C Applies

PARTICIPANT REVIEWS FOR THIS COURSE

4.6

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  • 6%
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  • A
    Alice
    Manager / Supervisor, Accounting and Finance

    5

  • PR
    Preevan Rajagoval
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    5

  • KM
    Kumaravel Muniappan
    Manager / Supervisor, Sales

    5

    Gary is very cool and professional person who able to provide very focus training. Hope to attend in future training specially Neuroscience related training.
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    Senior Executive, Sales

    5

  • No
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    5

  • AH
    Alice Hew
    Executive, Sales

    5

    Good
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    Lim Li En
    Junior Executive, Accounting and Finance

    5

  • ML
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    Executive, Sales

    5

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    SIAU HUI RU
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    5

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    Executive, Legal

    5

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    5

    Yes
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    Director, Engineering

    4

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    Senior Manager, Sales

    4

  • CL
    Chong Siew Lai
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    4

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    Eunice Leong
    Assistant Manager, Accounting and Finance

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    Yong Yee Wai
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