Learning objectives
After working through this chapter, students
03.01–03.04
- know how a contract is concluded, what a binding offer is and how an offer can be limited or made non-binding, and understand the additional requirement of consideration in common law systems;
- understand why the exact identification of the contracting parties matters and are able to check parties and signatory powers in the official company register;
- know the different kinds of signatory powers and understand what happens if someone signs without authority;
- know the forms of contracts under Swiss law and understand when written form or a public deed is required;
- understand how a qualified electronic signature works, where it is legally valid, and are able to choose the right legal framework when signing.
03.05–03.12
- understand why contracts must be fulfilled, when a contract can be terminated and how to draft a clause on term and renewal correctly;
- know the principles of contract drafting (clarity, worst-case thinking, change management) and are able to use a chatbot to find the risks of a contractual relationship;
- are able to develop a contract with a chatbot, step by step and from the perspective of one party, to check it against a checklist or a reputable model contract and to hand it over to a lawyer in a useful form;
- know what the most frequently used contract clauses do and are able to recognise them in a draft;
- understand why related contracts must be coordinated with each other;
- know what a letter of intent, a non-disclosure agreement and a non-use agreement are, and understand the difference between a contractual penalty and liquidated damages;
- know what general terms and conditions are and understand the two special rules that apply to them under Swiss law;
- know the elements and types of a licence agreement and understand what a Software as a Service contract consists of.
Assessment
intla.ch gives you the knowledge; class trains the skill that the assessment tests: applying the law to a case with AI tools. Go to the intla.ch Tutor and have it quiz you on the learned content (see also Chapter 01.T intla.ch Tutor).