How Technology Is Reshaping Contract Review and Contractual Liability
1Summary
Contracts that once took a legal team days to review can now be scanned in minutes — but the tools that make that possible also change where liability sits and what "due diligence" actually means. This course looks at that shift directly: how technology is reshaping contract review and the contractual liabilities that follow from it, for professionals looking to bring their organisations up to date both technologically and organisationally.
Information technology, at its core, is a framework of computerised systems built to give managers and staff more advanced tools to do their work — and its effect on corporate performance is now impossible to ignore. Many organisations have started building their operating strategy around the scale of technology they can deploy, chasing the progress needed to meet their goals. That pressure is sharpened by repeated economic crises and steadily tougher competition from globalised markets, which force an unprecedented push to use resources efficiently; improved productivity has become a concern for every organisation, public and private, and technology — developing at speed — has become the main tool for addressing it. The advantage any of this delivers, though, depends entirely on how well the technology is integrated into the organisation in the first place.
2Objectives and target group
By the End of This Course, Participants Will Be Able To
- Apply a full, integrated understanding of legal and contractual risks and the procedures that govern them, across all the relevant branches of law — both in theory and in practice.
- Draft contracts and administrative resolutions with advanced legal formulation skills, including the legal formulation of employment contracts specifically.
- Recognise why precise, accurate contract specifications matter at every stage of the procurement cycle, and assess their legal weight alongside the strategic importance of the invitation-to-tender process.
Who Should Attend
- Managers and directors of companies and enterprises.
- Staff responsible for legal departments in commercial and business firms, and directors of legal departments and legal affairs.
- Law officers and other legal management professionals.
- Law students and graduates from various universities.
3Course Content
Module 1: Understanding Contractual Liability
- Contractual violations by contracting parties, and personal responsibility for defects.
- Commitment to achieving the contract objective and exerting reasonable due diligence.
- Intentional defect, fraud or bad faith, versus unintentional defect.
Module 2: Liability for Third Parties and Damages
- Conditions of a contractor's liability toward third parties when agreed in advance.
- Physical, potential and actual damages, and the causal relationship between actions and results.
- Contract liability agreements and compliance with them.
Module 3: Economic Risk in Contracts
- Foundations of economic risk management, and the stages of the risk management process.
- Evaluating, reviewing and implementing risk plans.
- Methods for applying financial risk management and dealing with contractual financial damages.
Module 4: Limiting Legal Damages
- Predictable damages in domestic legal systems, and the principle of comprehensive compensation.
- Legal rules in European contract systems, cases and sources of compensation.
- The commitment to mitigate damages, including under local enforceable law and different Roman law systems.
Module 5: Choosing the Right Dispute Resolution Method
- Types of specifications and their related risks, and how language shapes the meaning of contractual clauses.
- The role of law in society, and core contract preparation and conclusion skills.
- Negotiation, persuasion and dispute resolution skills, and an introduction to specialised courts.
Module 6: Alternative Dispute Resolution — Mediation and Arbitration
- The definition and concepts of mediation, its justifications, and the stages of the mediation process.
- Which disputes are appropriate for mediation, and the negotiation methods and communication channels used during it.
- Methods to settle disputes through arbitration, recourse to the judiciary, and the principles of international commercial and engineering arbitration.
Course Format
- In-house training
- One-on-one training
- Group training
- Practical training
Note
We can offer this course at the location and time that suits you. This course is provided at a high standard for important individuals. For more information, contact the Arab British Fellowship Training Academy.