Legislation & Case Law Fundamentals for Non-Lawyers
Description
Understanding how legislation is created, interpreted and applied is essential for managers and business professionals who make decisions within regulated environments. This program provides a practical introduction to the legislative process, delegated legislation and the role of courts in interpreting legislation and determining how legal rules apply to particular circumstances.
The program will explore the principles used by courts when interpreting legislation, together with the importance of understanding relevant case law when assessing how legal requirements operate in practice. Participants will also consider how a sound approach to legal compliance and an appropriate organisational culture can assist businesses in identifying risks, avoiding costly mistakes and protecting their reputation, time and goodwill.
The course will then examine fundamental contractual principles relevant to non-lawyers, including contract formation, effective drafting and the allocation of contractual risks and responsibilities. Particular attention will be given to the importance of clearly expressing rights and obligations so that contractual uncertainty and disputes can be minimised.
The program will also consider the duties and potential liabilities of managers and officers under the Corporations Act 2001 (Cth), as well as the concept of accessorial liability across workplace, environmental and consumer law. Legislative provisions and relevant case examples will be used to demonstrate circumstances in which individuals may become personally accountable for involvement in a contravention.
Consumer law obligations will also be examined, including unfair contract terms, misleading or deceptive conduct and statutory guarantees, with consideration of their relevance to both business-to-consumer and business-to-business transactions.
Finally, the course will consider the opportunities and potential risks associated with artificial intelligence in contracting. Participants will explore why contracts should clearly reflect the intentions of the parties and appropriately address emerging risks associated with the use of AI.
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