Six effective strategies for more effective contract management are to do a background check on the other party, determine a point of contact for both parties, establish the contract lifecycle, agree on the review processes, outline consequences of delays, and keep documentation of how the process went.
This good practice framework defines the four blocks – structure and resources, delivery, development, and strategy – comprising 11 areas (Figure 1) that organisations should consider when planning and delivering contract management.
There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.
Contract management is the process of managing legally-binding agreements from initiation through to execution. Contract management activities include creation and negotiation, execution, compliance monitoring and renewal or close out.
The stages of contract management can be broken down into pre-signature (creation, negotiation/collaboration, and review/approval) and post-signature (administration/execution, renewal/termination, and reporting/tracking).
TL;DR. The stages of contract management can be broken down into pre-signature (creation, negotiation/collaboration, and review/approval) and post-signature (administration/execution, renewal/termination, and reporting/tracking).
A successful contract management framework requires the integration of four key elements: clear objectives and goals, robust processes and procedures, effective communication and collaboration, and technology integration.
This is Part 1 of a beginning lesson on Contracts for the legal studies, business law, prelaw or paralegal student. It discusses the first 2 Cs of any Contract: Consent and Capacity. This lesson should be done with Part 2, which discusses the other C's: Consideration and Complies with the Law and/or Public Policy.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent , expressed by a valid offer and acceptance ; adequate consideration ; capacity ; and legality .