C.F. (Tiaan) Oberholzer

This three day course is targeted at non-legal professionals. As it is recognized that principles of law are difficult for non-lawyers to understand, the course has been structured to make it easy to follow and the principles are supplemented with many case studies.

The importance of at least a basic understanding of contract law to the officers and managers of a commercial enterprise cannot be over-emphasized. A lack of appreciation of the principles of contract law may lead to contractual disputes and, in the worst case scenario, lawsuits and arbitrations. Each organization, therefore, should ensure that its commercial dealings are managed in accordance with the law, in a manner that clearly establishes the rights and obligations of the parties thereto and which provides for suitable remedies in the event of a breach on the part of either party. Each attendee will learn a number of matters including how to identify terms which may render the contract unenforceable, or terms which may be ambiguous, or terms which may not adequately address the risk required by a particular party to the contract. Contractual clauses should be drafted in a manner that is easily understandable by both parties and the scope of the same should allow for no ambiguity because that potentially may lead to a dispute.

There will also be a discussion of terms that would minimize the contractual risks of a party in certain circumstances such as limitation of liability clauses, indemnity clauses, insurance clauses and force majeure clauses.