Legal Remedies for Disputes in Sales and Procurement Contracts

27-28 Jul, 2017, Seri Pacific Hotel

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AMBIGAH KRISHNAN LL.B (Hons) (London), Certificate In Legal Practice (Malaysia), TESOL (Canada) has more than 15 years of training and corporate experience on Law topics. She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Corporate Legal Adviser who has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

 

Work Experience
Ambigah Krishnan is an experienced lawyer and trainer and has been involved in Contract Law, civil litigation, employment matters, Mergers & Acquisition, Employment Law and IR, company matters, corporate, banking issues and Testamentary issues including the writing of Wills. She has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.

 

She has trained for Telecommunication sector, Health sector, Finance sector, Government of Malaysia, Insurance sector, Government Linked Companies, Auto Industry sector Manufacturing sector and Oil & Gas Industry.

 

Areas Trained
Ambigah has conducted seminars for Drafting Commercial Contracts and Terms, Contracts and issue of liability for Vendors, Suppliers and Procurement Managers, Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Employment Law for HR and Non HR Managers, Tenancy laws and Procedure, Seminar on Prevention of Staff Fraud in association with PDRM, the Personal Data Protection Act 2010 & Standards 2015 and Personal Data Protection Compliance implementation, Entrepreneur seminars for fresh graduates and business community.

 

She has trained for the Federation of Manufacturers of Malaysia (FMM) in areas of Contract Law.

 

She is also involved in advice and drafting of Human Resource policies and procedures and writing Human Resource Manual for the corporate sector.

 

Ambigah is also actively involved with her legal consultation especially in the corporate field.

 

Her Forte
Ms. Ambigah’s forte in conducting legal programs is that she enhances Legal programs with Legal Practitioner’s advice and opinions. She also shares her experience as Legal advisor and Litigation lawyer to be part of teaching of legal programs.

 

She is able to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job.

Venue Details

Seri Pacific Hotel
Jalan Putra 50350 Kuala Lumpur,
Phone : 03 4042 5555
Fax : 03 4043 8717

Click For Hotel Location

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my


FOCUSING ON
  • The Basics of Contract Law
  • Understanding Liability Clauses in Sale and Supply Contracts
  • Warranties & Indemnities entered by Vendors and Suppliers in Contracts
  • Extent and scope of the warranty
  • Managing legal risks in commercial contracting
  • Defences for the Vendor and Supplier in Sale / Supply Contracts
  • Contract variations: Understanding transfer of rights to avoid liability
  • Suits for Breach of the Contract – Remedies for Vendors and Suppliers
OVERVIEW

In today’s highly competitive and cost-conscious environment, understanding commercial contracts to avoid liability is an important part of business activity. Over 85% of business transactions are governed by contracts and hence it is necessary that contracts be aligned with business expectations. It requires company personnel to be well versed with the law to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.

 

This course is relevant and beneficial to local and multinational manufacturing, procurement and electronics companies, in particular for purchasing, sale procurement and supply staff of all levels, officers and administrators, marketing and sales managers, legal officers and all those who are involved in any sort of sale and supply contracts.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Getting-to-grips with payments and interest terms to understand how penalties can be applied
  2. Expanding your knowledge of the risk in liability clauses
  3. Learning how to interpret variations of warranties and indemnities clauses
  4. Being able to clarify essential terminology in commercial contracts
  5. Obtaining up-to-date with the workings of contracts
  6. Understanding the effect of exclusion and limitation clauses and how they can be used to manage your exposure to liability
  7. Learning about the rights and defences available for Vendors and Suppliers
  8. Understanding how to use the law to avoid liability
  9. Understanding how to apply for the right remedies
WHO SHOULD ATTEND?
All levels of Staff who are involved in Contracts, Officers and Administrators, Marketing and Sales Managers, Legal Officers and all those who are involved in any sort of sale and supply contracts.
METHODOLOGY

Interactive lectures, discussion, Q & A and Activities on all modules.

DAY 1
9:00 THE BASICS OF CONTRACT LAW
  • Formation of a contract including understanding the Eight elements of an enforceable contract and Termination;
  • Express and Implied terms and evidence of contractual terms
  • Understanding the workings of a Sale / Supply Contract as to when sale is made /
    future goods / Goods perishing before making
    of contract / Goods perishing before sale but
    after agreement to sell
  • Understanding Exemption Clauses
1:00 Lunch

2:00

UNDERSTANDING LIABILITY CLAUSES IN SALE AND SUPPLY CONTRACTS

  • Understanding Liquidated Damages and Penalties
  • How to claim actual loss and Understanding differences between the Liability clauses
  • Payment trigger
  • Understanding Consequential Loss and Indirect Damages
  • Understanding Grossing up Clauses and the relation to Insurance coverage
5:00 End of Day 1
DAY 2
9:00 WARRANTIES & INDEMNITIES ENTERED BY VENDORS AND SUPPLIERS IN CONTRACTS
  • What are warranties?
  • The purpose of warranties
  • What is Fair Disclosure –The effect of Knowledge
  • Whole clause Agreement – Understand the 3 parts
  • Indemnities versus Warranties
  • Why do suppliers typically want to exclude/ limit liability?
10:45 EXTENT AND SCOPE OF THE WARRANTY
  • What cannot be excluded or limited?
  • Exclusions within the warranty itself
  • Understanding stipulations as warranties in Contracts
12:00 MANAGING LEGAL RISKS IN COMMERCIAL CONTRACTING
  • Anticipating and managing contractual risks
  • The difference between Sale and Agreement to sell
1:00 Lunch

2:00 DEFENCES FOR THE VENDOR AND SUPPLIER IN SALE / SUPPLY CONTRACTS
  • Understanding Implied Undertakings in Sale and Supply Contracts
  • Defences implied by law in Sale and Supply Contracts
3:00 CONTRACT VARIATIONS: UNDERSTANDING TRANSFER OF RIGHTS TO AVOID LIABILITY
  • Property passes when intended to pass
  • Risk prima facie passes with property
  • Rules as to delivery
  • Liability of buyer for neglecting or refusing delivery of good
  • Rights of Unpaid Seller Against the Goods
  • Protecting Vendor/ Supplier Payment – Stoppage in Transit and How it is effected
4:00 SUITS FOR BREACH OF THE CONTRACT – REMEDIES FOR VENDORS AND SUPPLIERS
  • Suit for price
  • Damages for non- acceptance
  • Specific performance
  • Remedy for breach of warranty
  • Repudiation of contract before due date
5:00 End of Course