Law - Commercial Contracts
This course provides an understanding of the fundamental competencies required by the commercial lawyer when drafting, reviewing, and negotiating commercial agreements
| Award Name | Certificate |
|---|---|
| NFQ Classification | |
| Awarding Body | Law Society of Ireland |
| NFQ Level |
| Award Name | NFQ Classification | Awarding Body | NFQ Level |
|---|---|---|---|
| Certificate | Law Society of Ireland |
Duration
Delivery Method
Lectures on Thursdays with occasional workshops on Saturdays. Also available to view on demand.
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 note, for non-members this course is subject to a supplemental fee of €175 bringing the total course fee to €1,900. No fees are required prior to approval.
Further information
Start Date Saturday 24 February 2024 at 10:00 AM
€1,725.00
Solicitors and Trainees
To pay online click on the 'Book Now' button, otherwise please complete one of the application forms, containing our bank details, in the Download section below and send it to diplomateam@lawsociety.ie, indicating in your cover email should you need an invoice to pay by EFT (Electronic Fund Transfer) or if you wish to pay by card over the phone.
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 €175 bringing the total course fee to €1,900. No fees are required prior to approval.
The closing date for applications for this course is 10 February 2024.
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.
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.
23 March 2024 10am
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.
27 April 2024 9:45am
2,500-word written assignment (80%) and continuous assessment through online activities (20%).
CPD Hours
The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions. For further information and the CPD booklet, see https://www.lawsociety.ie/Solicitors/rules-legislation/CPD-Scheme
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.
Course Leader: Geraldine Rafferty, Course Leader: g.rafferty@LawSociety.ie