DUBLIN, February 6, 2023 /PRNewswire/ — Training “3-Day Training Course on Drafting Commercial Contracts” has been added to from ResearchAndMarkets.com offer.
Negotiate and draft clear and concise business agreements that meet the challenges of today’s business environment.
Part One: Drafting, Structure, Interpretation and Formation of Contracts focuses on developing a solid structure and formation for your contracts and expanding your drafting skills to deliver concise and watertight agreements. It will also explain the basic principles of contract interpretation.
Second part: Precise and neat writing takes a closer look at the more complex clauses and how they can be drafted and applied to leverage business value and manage legal risk.
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
- 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
- YOU’RE HERE
- 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
- Material
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
- Assignment
- 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
- Aim
- Effect
- Clause
- How it works?
- Variation
- Addendum of Remedies
- The 2018 revision
- Disability and compensation
- Aim
- Invalid clauses – and consequences
- blue pencil essay
- Repair
- Clause
- ons of bolts
- Joint and several liability
- Spouse/separately/joint and several – differences
- Aim
- Clause
- ons of bolts
- force majeure
- Aim
- A little history
- A partisan view of risk
- What is force majeure?
- Effect
- Procedure
- Clause
- The tribunal
Payments and interest
- Payment terms
- Aim
- 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
- Aim
- Term
- Termination
- Grounds for Termination
- Consequences of termination
- Survival
- Entire agreement clauses
- Aim
- Issue
- 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
For more information on this training visit https://www.researchandmarkets.com/r/bs9uqy
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Research and Markets
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SOURCE Research and Markets