Online training on drafting commercial contracts:

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Dublin, December 02, 2021 (GLOBE NEWSWIRE) – The “3-day training course in the drafting of commercial contracts” training has been added to ResearchAndMarkets.com offer.

Business is built on crystallizing the terms of a deal, and clarity and fair construction are key to a successful trade deal. Without a clear agreement, business and legal disputes are likely, and unclear agreements are one of the main causes of costly business disputes.

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

Part one: Contract drafting, structure, interpretation and formation focus on developing a strong structure and training for your contracts and expanding your drafting skills to provide concise and watertight agreements. It will also explain the basic principles of contract interpretation.

Second part: Accurate and Careful 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 a transfer or sale of rights
  • Consider the purpose and effect of classic standard clauses and how you can leverage value for your organization through clearer drafting
  • Familiarize yourself with payments and interest terms to understand how penalties can be applied
  • Develop your knowledge about the risk of drafting 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 any disputes or issues you are facing 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 drafting techniques to draft concise and effective agreements
  • Review special contractual arrangements and letters of intent
  • Learn how to interpret gasoline weather variations and clauses
  • Clarify the distinction between “best efforts” and “reasonable efforts” – essential terminology in commercial contracts
  • Keep abreast of the use and drafting of contractual guarantees and indemnities
  • Understand the effect of the 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 provide a practical solution to your writing challenges. Throughout the program, the expert presenter will use a balanced mix of theory, group exercises, discussion, sample clauses and case studies to provide you with a comprehensive portfolio of practical tips and techniques for writing. contracts that meet your business goals while ensuring that there are no “surprises” further away.

Main topics covered:

Interpretation of the contract

  • Law systems
  • Civil law vs common law approaches to drafting
  • Previous (and a little Latin)
  • Interpretation and construction
  • Clarity and ambiguity: Arnold v Britton, Wood v Capita Insurance
  • Ambiguity: Investor Compensation Scheme against West Bromwich
  • Classic interpretation of contracts (six guns)
  • Modern interpretation of contracts (ten principles)
  • The effect of Brexit on the drafting and interpretation of contracts
  • Qualifying context
  • 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 Forms
    • Other elements in training
  • Sui generis training

How do you form a contract? (Part 2)

  • Distinctions between negotiations and contracts
    • Did you accidentally form a contract while negotiating?
      • The six steps 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 sub-hand?
    • Writing techniques
      • Cartography: free writing (when you have no precedent)
      • Cartography: linked writing (when you have a starting point)
  • Structures of standard commercial contracts

Ancillary documents and contracts

  • Writing certainty
  • Documentation and pre-contractual discussions
    • Call for tenders
    • Prevention is better than cure
    • Negotiations
    • YOU’RE HERE
    • NDA
  • Content of TLAs
  • Agreements to be agreed
  • Variants

Terms: implicit, explicit and standard (Part 1)

  • Implied terms
    • Three types
    • The 2015 revision
    • More 1

Terms: implicit, explicit and standard (Part 2)

  • Express terms
    • Hurry up
    • Best efforts clauses
    • Reasonable efforts
    • Shades and efforts
    • The specter of bonds
  • Meaning of standard terminology
    • Reasonable
    • Substantial
    • Equipment

Writing Techniques: The Easy But Little Known Tips (Part 1)

Writing Techniques: The Easy But Little Known Tips (Part 2)

  • Differences between “must do”, “do”, “strive to do”
  • Understanding WCI and Why You Can’t Write Contracts Without It
  • Differences between guarantees, commitments and declarations
  • Differences between guarantees and indemnities

Exclusion and limitation clauses

  • Myths about liability clauses
  • Internationally accepted practice
  • Economic rationale for this area of ​​law
  • The spectrum of civil liability protection
  • Jurisdictional differences
  • Factors affecting liability. or not
  • Negotiating liability clauses: risks and responsibilities
  • The ACE principle
  • Acceptance of risk
  • Risk cap
  • Risk exclusion
  • Arguments used by each party during the negotiation
  • Writing a liability clause: tips, tricks and techniques
  • The change in law and practice since 2016
  • Indirect and intangible loss: the evolution of the situation since 2017
  • UCTA and CRA

Introduction to the master key

Transfer of contractual rights and obligations

  • Transfer of rights
    • Mission
    • Novation
    • Other transfers
    • An exercise: in the real world
  • Third party rights
    • Privacy
    • A little history
    • Practical examples
    • The new rules
    • Drafting problems and pitfalls

welded master key

  • Interpretation
    • Importance
    • Start vs end
    • Headers and titles
    • Usual interpretation clauses
  • Notices and communications
    • Purpose of a clause
    • Problematic clauses
    • Relevant case law
  • To renouncer
    • Goal
    • Effect
    • Clause
    • How it works?
    • Variation
    • The appeals addendum
    • The 2018 revision
  • Disability and indemnity
    • Goal
    • Invalid clauses – and consequences
    • Blue pencil test
    • repair
    • Clause
    • Bolts ons
  • Joint and several liability
    • Joint / several / joint and integral – differences
    • Goal
    • Clause
    • Bolts ons
  • Force majeure
    • Goal
    • A little history
    • A partisan view of risk
    • What is force majeure?
    • Effect
    • Procedure
    • Clause
    • The tribunal

Payments and Interest

  • Payment clauses
    • Goal
    • Default goods
    • Clauses
  • Clauses of interest
    • A clause: charge late interest
    • Penalties and interest rates
    • Force majeure and payments
    • The importance of giving up rights – or not

Confidentiality clauses

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

Duration and termination; all the clauses of the agreement; applicable law, jurisdiction and dispute settlement clauses

  • Duration and termination
    • Goal
    • Term
    • Termination
    • Reasons for termination
    • Consequences of termination
    • Survival
  • Clauses of the entire agreement
    • Goal
    • Problem
    • A new purpose
    • The law
    • Drafting of a clause
    • Documentary inclusion / exclusion
  • Applicable law, jurisdiction and dispute settlement clauses
    • Applicable right
    • Jurisdiction
    • Dispute settlement clauses

For more information on this training, visit https://www.researchandmarkets.com/r/wnj9d2


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