Online training course on drafting commercial contracts:


Dublin, 02 Dec. 2021 (GLOBE NEWSWIRE) — The 3-day Drafting Commercial Contracts Training Course has been added to from offer.

Business is built on crystallizing the terms of an agreement and clarity and fair construction is the key to a successful business agreement. Without a clear agreement, business and legal disputes are likely, and unclear agreements are a leading cause of costly business litigation.

With that in mind, Mark Weston and Falconbury have developed this comprehensive, modular, multi-part program that focuses on practical and applied training in the key drafting skills needed to create transparent, straightforward contracts that work legally and commercially. Each section of the course builds on the previous section.

Part one: Contract Writing, Structure, Interpretation and Training focuses on developing a solid structure and formation for your contracts and expanding your writing skills to deliver concise and watertight agreements. It will also explain the basic principles of contract interpretation.

Second part: Precise and Neat Drafting takes a closer look at the most complex clauses and how they can be drafted and applied to leverage business value and manage legal risk.

By participating in this program, you:

  • Review assignment and novation to ensure you are adequately protected in the event of transfer or sale of rights
  • Consider the purpose and effect of typical boilerplate clauses and how you can leverage value for your organization through clearer drafting
  • Familiarize yourself with interest payments and terms to understand how penalties may be applied
  • Learn more about the risk of writing a contract without a confidentiality clause
  • Understand the risks that can be created by poor writing in practical exercises under the guidance of the expert
  • Discuss disputes or issues you face with colleagues from other organizations to gain new ideas and perspectives
  • Understand the pitfalls and benefits of applying an effective standard structure and format to every contract
  • Master practical writing techniques to write concise and effective agreements
  • Review specific contractual arrangements and letters of intent
  • Learn how to interpret variants and gasoline time clauses
  • Clarify the distinction between “best efforts” and “reasonable efforts” – essential terminology in commercial contracts
  • Keep abreast of the use and drafting of contractual warranties and indemnities
  • Understand the effect of exclusion and limitation clauses, and how they can be used to manage your exposure

Hands-on interactive learning style

This workshop-style program was designed to offer a practical solution to your writing challenges. Throughout the program, the expert presenter will use a balanced mix of theory, group exercises, discussions, sample clauses and case studies to provide you with a comprehensive portfolio of practical tips and writing techniques. contracts that meet your business objectives while ensuring that there are no “surprises” down the road.

Main topics covered:

Interpretation of the contract

  • Law systems
  • Civil law and common law approaches to drafting
  • Previous (and some Latin)
  • Interpretation and construction
  • Clarity and Ambiguity: Arnold vs. Britton, Wood vs. Capita Insurance
  • Ambiguity: Investor compensation scheme against West Bromwich
  • Classic interpretation of contracts (six canons)
  • Modern contract interpretation (ten principles)
  • The effect of Brexit on the drafting and interpretation of contracts
  • Qualifying background
  • Principles of the private dictionary

How do you form a contract? (Part 1)

  • Ingredients to form a contract
    • Classic
    • To offer
    • Acceptance
    • Consideration
    • Battle of the shapes
    • Other elements in formation
  • Sui generis formation

How do you form a contract? (Part 2)

  • Distinctions between negotiations and contracts
    • Have you accidentally formed a contract while trading?
      • The six stages of Pagnan Frères
      • ‘Under compromise’
      • ‘Without damage’
    • RTS Flexible Systems Ltd v Molkerei Alois Muller

Format and structure of the commercial contract

  • Separate form from content
  • Form
    • law and custom
    • tone and format
    • Deed or on hand?
    • Writing techniques
      • Mapping: free writing (when you have no precedent)
      • Mapping: linked writing (when you have a starting point)
  • Structures of typical commercial contracts

Related documents and contracts

  • Writing for certainty
  • Documentation and pre-contract discussions
    • Tender
    • Prevention is better than cure
    • Negotiations
    • nes
  • Content of TLAs
  • Agreements to be agreed
  • Variants

Terms: Implicit, Explicit and Standard (Part 1)

  • Implicit terms
    • three kinds
    • The 2015 revision
    • Plus 1

Terms: Implicit, Explicit and Standard (Part 2)

  • Express Terms
    • Hurry up
    • Means clauses
    • Reasonable efforts
    • Nuances and efforts
    • The Spectrum of Bonds
  • Meaning of standard terminology
    • Reasonable
    • Substantial
    • Equipment

Drawing techniques: the easy but little-known tricks (Part 1)

Writing techniques: the easy but little-known tricks (Part 2)

  • Differences between ‘must do’, ‘will do’, ‘strive to do’
  • Understanding WCI and Why You Can’t Write Contracts Without Them
  • Differences between Warranties, Covenants and Representations
  • Differences between warranties and indemnities

Exclusion and limitation clauses

  • Myths about disclaimers
  • Internationally accepted practice
  • Economic rationale for this area of ​​law
  • The spectrum of liability protection
  • Jurisdictional differences
  • Factors Affecting Liability. or not
  • Negotiate liability clauses: risks and responsibilities
  • The ACE principle
  • Risk acceptance
  • Risk cap
  • Risk exclusion
  • Arguments used by each party during the negotiation
  • Writing a disclaimer: tips, tricks and techniques
  • The change in law and practice since 2016
  • Indirect and consequential losses: the evolution of the position since 2017
  • UCTA and ARC

Introduction to master key

Transfer of contractual rights and obligations

  • Transfer of rights
    • Mission
    • Novation
    • Other transfers
    • An exercise: in the real world
  • Rights of third parties
    • Privacy
    • A little history
    • Practical examples
    • The new rules
    • Writing problems and pitfalls

Welded master key

  • Interpretation
    • Importance
    • Start vs end
    • Headings and titles
    • Usual interpretation clauses
  • Notices and communications
    • Object of a clause
    • Problematic clauses
    • Relevant case law
  • To renouncer
    • Goal
    • Effect
    • Clause
    • How it works?
    • Variation
    • Addendum of Remedies
    • The 2018 revision
  • Disability and compensation
    • Goal
    • Invalid clauses – and consequences
    • blue pencil test
    • repair
    • Clause
    • ons of bolts
  • Joint and several liability
    • Spouse/separately/joint and several – differences
    • Goal
    • Clause
    • ons of bolts
  • force majeure
    • Goal
    • A little history
    • A partisan view of risk
    • What is force majeure?
    • Effect
    • Procedure
    • Clause
    • The tribunal

Payments and interest

  • Payment terms
    • Goal
    • Default Goods
    • Clauses
  • Interest clauses
    • Clause A: Apply late payment interest
    • Penalties and interest rates
    • Force majeure and payments
    • The importance of waiving rights – or not

Confidentiality clauses

  • Do without a confidentiality agreement
  • A confidentiality clause: practice
  • A definition: what is confidential?
  • Clause overview
  • Examples of clauses

Term and Termination; terms of the entire agreement; applicable law, jurisdiction and dispute resolution clauses

  • Duration and termination
    • Goal
    • Term
    • Termination
    • Grounds for Termination
    • Consequences of termination
    • Survival
  • Entire agreement clauses
    • Goal
    • Problem
    • A new goal
    • The law
    • Write a clause
    • Documentary inclusion/exclusion
  • Applicable law, competent jurisdiction and dispute resolution clauses
    • Applicable right
    • Jurisdiction
    • Dispute resolution clauses

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