Learning outcomes of the curricular unit

Revisit of Contract Law enlightened by practice and experience, namely the areas of contract formation, preliminary agreements, risk and breach. To identify the suitable preliminary agreement in each case, particularly to secure negotiation. To identify the most suitable solutions in the context of risk sharing and breach of contract; identify the issues raised by the most common clauses used in these contexts and the alternatives to consider. To share experiences in order to improve the knowledge of each participant.

Syllabus

Contract formation. Offer and acceptance. Elements of offer. Elements of acceptance. Limits of the agreement. General conditions and unfair contract terms. Contract formation through internet. Preliminary agreements. Agreements to agree. Rights of first refusal, pre-emption rights and options. Promises of contract. Scope of the agreement: definition and limits. Sale agreements and service agreements. Addressing risk: how to address risk sharing on sale agreements and on service agreements. Force majeure clauses; representations and warranties. Addressing breach of contract: clauses addressing breach of contract. Limitations of liability. Penalty clauses.