Negotiation and binding contracts (online course)

How do pre-contractual duties and general terms affect contract formation? 

The course covers negotiation and contract formation, including pre-contractual duties, letters of intent, and conditions like ‘subject to contract’ and ‘subject to finance’. It focuses on general terms in (international) contracts and the ‘battle of the forms’. Participants learn to handle potential liabilities and use contract conditions. 

  • Commercial law programme: tailored to legal experts with an international practice 
  • Abundant in interaction, insights and eye openers 
  • Learn today, apply tomorrow 


About this course

This course deals with the negotiation and formation of contracts. Topics covered will include an overview of the pre-contractual duties that may arise from contract negotiations; letters of intent; and the formation of contracts and conditions that are often used in relation to that formation, such as ‘subject to contract’, ‘subject to board approval’ and ‘subject to finance’.  The course will also address the rules for the inclusion of general terms and conditions in (international) contracts.  

Specific attention will be given to international and domestic developments regarding the ‘battle of the forms’, i.e. a situation in which both parties refer to their own general terms and conditions in the contract formation process. A common mistake is that parties often believe that a mere referral to their general terms and conditions on order forms or invoices suffices to make those terms part of their contract. The session will look at how that misconception can have potentially dire consequences. 

Participants will learn how to deal with any potential liabilities that may arise out of contract negotiations, including: how to use conditions pertaining to the formation of contracts, how to apply general terms and conditions, and how and when binding contracts emerge. 

This course is part of the Commercial Law programme.

Some of the topics covered:

  • Pre-contractual duties and obligations in contract negotiations 
  • Letters of intent and conditions for contract formation (e.g., ‘subject to contract’, ‘subject to board approval’, ‘subject to finance’) 
  • Inclusion and application of general terms and conditions in (international) contracts 
  • Understanding and navigating the ‘battle of the forms’ 
  • Managing potential liabilities arising from contract negotiations and formation 

Target group

Lawyers, company lawyers, legal counsels, legal financial professionals

Quality assurance

The CPO is a certified training institute. Our courses are recognised by the Netherlands Bar.


Date and time
Thursday 26 September 2024 from 15:00 to 18:15
€ 370,- including digital course material (VAT exempt)
3 PE points the Netherlands Bar and 3 HQ PE points
Areas of law
Burgerlijk (proces)recht, Verbintenissenrecht

This course is part of the Altijd scherp-abonnement

With the Altijd scherp-abonnement, you have unlimited access to a wide selection of CPO’s courses and webinars. More information