Drafting Commercial Contracts, 2 Day Online Training Course for Enhancing Legal & Business Agreements

News provided by

Dec 20, 2023, 11:00 ET

DUBLIN, Dec. 20, 2023 /PRNewswire/ -- The "Drafting Commercial Contracts Training Course" has been added to ResearchAndMarkets.com's offering.

Negotiate and draft clear and concise commercial agreements that meet the challenges of today's commercial environment

Business is founded on the crystallisation of the terms of a deal and clarity and fair construction are key to a successful commercial agreement. Without a clear agreement, commercial and legal disputes are likely and unclear agreements are one of the largest causes of costly commercial litigation.

With this in mind, Mark Weston has developed this modular and comprehensive multi-part programme that focuses on delivering practical and applied training of the key drafting skills needed to create transparent and direct contracts that deliver on a legal and commercial level. Each section of the course builds on the section before.

Part One: Drafting, Structure, Interpretation and Formation of Contracts focuses on developing a robust structure and formation to your contracts and expanding your drafting skills to deliver concise and watertight agreements. It will also explain the fundamentals of how contracts are interpreted.

Part Two: Precise and Careful Drafting looks in more detail at the more complex clauses and how they can be drafted and applied to leverage commercial value and manage legal risk.

By attending this programme you will:

Examine assignment and novation to ensure you are suitably protected in the case of transfer or sale of rights
Consider the purpose and effect of typical boilerplate clauses and how you can leverage value for your organisation through clearer drafting
Get to grips with payments and interest terms to understand how penalties can be applied
Expand your knowledge of the risk of drafting a contract without a confidentiality clause
Understand the risks that can be created through poor drafting in practical exercises under the guidance of the expert
Discuss any disputes or issues you are facing with colleagues from other organisations to gain new ideas and perspectives
Understand the pitfalls and pluses to applying an effective standard structure and format to every contract
Master practical drafting techniques to write concise and effective agreements
Examine special contractual arrangements and letters of intent
Learn how to interpret variations and time-is-of-the-essence clauses
Clarify the distinction between 'best endeavours' and 'reasonable endeavours' - essential terminology in commercial contracts
Get up to date with 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
CPD: 12 hours for your records
Certificate of completion

Practical interactive learning style

This workshop-style programme has been designed to offer a practical solution to your drafting challenges. Throughout the programme 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 to draft contracts which meet your commercial objectives as well as ensuring that there are no 'surprises' further on.

Training Dates: 6 February 2024 & 13 February 2024 (Non-consecutive days)

Course Agenda:

Day 1

Contract interpretation

Systems of law
Civil law vs common law approachesto drafting
Precedent (and some Latin)
Interpretation and construction
Clarity and ambiguity: Arnold v Britton,Wood v Capita Insurance
Ambiguity: Investors CompensationScheme v West Bromwich
Classical contract interpretation(six canons)
Modern contract interpretation(ten principles)
The effect of Brexit on contract draftingand interpretation
Admissible background
Private dictionary principles

How do you form a contract? PART 1

Ingredients to form a contract
Classical
- Offer
- Acceptance
- Consideration
- Battle of the forms
- Other elements in formation
Sui generis formation

How do you form a contract? PART 2

Distinctions between negotiationsand contracts
- Have you accidentally formed acontract while negotiating?
  - The six steps of Pagnan Freres
  - 'Subject to contract'
  - 'Without prejudice'
- RTS Flexible Systems Ltdv Molkerei Alois Mulle

Commercial contract format and structure

Splitting form from content
Form
- Law and custom
- Tone and format
- Deed or under hand?
- Drafting techniques
  - Mapping: free drafting (when youhave no precedent)
  - Mapping: tied drafting (when youhave a starting point)
Structures of typical commercialcontracts

Ancillary documentation and contracts

Drafting for certainty
Pre-contract documentation anddiscussions
- Tendering
- Prevention is better than cure
- Negotiations
- TLAs
- NDAs
Content of TLAs
Agreements to agree
Variations

Terms: implied, express and standard PART 1

Implied terms
- Three types
- The 2015 revision
- Plus 1

Terms: implied, express and standard PART 2

Express terms
- Time is of the essence
- Best endeavours clauses
- Reasonable endeavours
- Nuances and efforts
- The obligation spectrum
Meaning of standard terminology
- Reasonable
- Substantial
- Material

Drafting techniques: the easy but not well-known stuff PART 1

Practical tips

Drafting techniques: the hard stuff and not well-known stuff PART 2

Differences between 'shall do', 'will do','endeavour to do'
Understanding WCI and why you cannotdraft contracts without them
Differences between warranties,undertakings and representations
Differences between warrantiesand indemnities

Exclusion and limitation clauses

Myths about liability clauses
Internationally accepted practice
Economic rationale for this area of law
The liability protection spectrum
Jurisdictional differences
Factors affecting liability. or not
Negotiating liability clauses: risksand responsibilities
The ACE principle
Acceptance of risk
Capping of risk
Exclusion of risk
Arguments used by each sidewhen negotiating
Drafting a liability clause: tips, tricksand techniques
The change in law and practicesince 2016
Indirect and consequential loss: thechanging position since 2017
UCTA and CRA

Day 2

Introduction to boilerplate

A functional methodology

Transferring contractual rights and obligations

Transferring rights
- Assignment
- Novation
- Other transfers
- An exercise: in the real world
Third-party rights
- Privity
- Some history
- Practical examples
- The new rules
- Drafting issues and traps

Welded boilerplate

Interpretation
- Importance
- Start vs finish
- Headings and titles
- Usual interpretation clauses
Notice and communications
- Purpose of a clause
- Problematic clauses
- Relevant case law
Waiver
- Purpose
- Effect
- Clause
- How does it work?
- Variation
- The remedies addendum
- The 2018 revision
Invalidity and severance
- Purpose
- Invalid clauses - and consequences
- Blue pencil test
- Repair
- Clause
- Bolt-ons
Joint and several liabilities
- Joint/several/joint and several differences
- Purpose
- Clause
- Bolt-ons
Force majeure
- Purpose
- Some history
- A partisan view of risk
- What is force majeure?
- Effect
- Procedure
- Clause
- The court

Payments and interest

Payment clauses
- Purpose
- Goods default
- Clauses
Interest clauses
- A clause: charging interest forlate payment
- Penalties and rates of interest
- Force majeure and payments
- The importance of waiving rights -or not

Confidentiality clauses

Doing without a confidentiality agreement
A confidentiality clause: the practice
A definition: what is confidential?
Clause outline
Sample clauses

Term and termination; entire agreement clauses; governing law, jurisdiction and dispute resolution clauses

Term and termination
- Purpose
- Term
- Termination
- Reasons for termination
- Consequences of termination
- Survival
Entire agreement clauses
- Purpose
- Problem
- A new purpose
- The law
- Drafting a clause
- Documentary inclusion/exclusion
Governing law, jurisdiction and disputeresolution clauses
- Governing law
- Jurisdiction
- Dispute resolution clauses

For more information about this training visit https://www.researchandmarkets.com/r/3dsghi

About ResearchAndMarkets.com
ResearchAndMarkets.com is the world's leading source for international market research reports and market data. We provide you with the latest data on international and regional markets, key industries, the top companies, new products and the latest trends.

Media Contact:

Research and Markets
Laura Wood, Senior Manager
[email protected]

For E.S.T Office Hours Call +1-917-300-0470
For U.S./CAN Toll Free Call +1-800-526-8630
For GMT Office Hours Call +353-1-416-8900

U.S. Fax: 646-607-1907
Fax (outside U.S.): +353-1-481-1716

Logo: https://mma.prnewswire.com/media/539438/Research_and_Markets_Logo.jpg

SOURCE Research and Markets