Contract Law


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This one day workshop is facilitated by Scott Hewlett and provides a basic overview of the law of contract in South Africa. Topics that will be discussed include the formation of a valid contract, the contents of a contract, breach of contract and the remedies available to parties suffering the consequences of a breach. The workshop will also cover areas of contract law that are particularly relevant to the construction environment such as letters of intent, unsigned contracts and penalty clauses.

Includes post workshop Assessments and case studies for the year as well as access to dispute resolution experts.

    

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Course Outline

 

Module 1: Formation of a Contract

  • What is a contract?
  • What are the requirements for a valid contract?
  • Issues particularly relevant to the construction environment:
    • Letters of intent
    • Unsigned contracts

 

Module 2: Contents of a Contract

  • Contract documents
  • Classification of the terms of the contract
  • The correct way to interpret of contracts in light of recent decisions of the Supreme Court of Appeal
  • Rectification of contracts that due not truly record the agreement between the parties
  • Issues particularly relevant to the construction environment:
    • Standard form contracts versus bespoke contracts

 

Module 3: Performance

  • Instances in which parties are excused from performance (eg: vagueness, illegality, lack of consensus)
  • How to handle mistakes in a contract’s terms

 

Module 4: Breach

  • The forms of breach
  • Issues particularly relevant to the construction environment:
    • “Time is of the essence”

 

Module 5: Remedies for breach

  • The remedies available to the injured party
  • Issues particularly relevant to the construction environment:
    • Mitigation of damages
    • Penalty clauses

Additional information

Cancellations and Transfers

• Cancellations by delegates must be made in writing and received two weeks before the seminar. It is regretted that no refunds will be made or invoices cancelled after this date and full registration fee will be payable. Substitutions may be made at any time.
• We reserve the right to cancel the event if it is under subscribed or for any other reason. In the event of cancellation we will endeavour to give delegates two weeks’ notice and the fee will be refunded in full. We cannot be held liable for any pre booked travel or accommodation costs.