3-day Drafting Commercial Contracts Training Course: Negotiate and Draft Clear and Concise Commercial Agreements that Meet the Challenges of Today's Commercial Environment (ONLINE EVENT)
Dublin, July 25, 2024 (GLOBE NEWSWIRE) -- The "3-day Drafting Commercial Contracts Training Course" training has been added to ResearchAndMarkets.com's offering.
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.
Business is founded on the crystallisation of the terms of a deal and clarity and fair construction are the 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 and Falconbury have 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 of 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
Certifications:
CPD: 18 hours for your records
Certificate of completion
Who Should Attend:
In-house lawyers
Private practice lawyers
Commercial and contracts directors and managers
Procurement personnel
Compliance officers
Company secretaries
Key Topics Covered:
Contract interpretation
Systems of law
Civil law vs common law approaches to drafting
Precedent (and some Latin)
Interpretation and construction
Clarity and ambiguity: Arnold v Britton, Wood v Capita Insurance
Ambiguity: Investors Compensation Scheme v West Bromwich
Classical contract interpretation (six canons)
Modern contract interpretation (ten principles)
The effect of Brexit on contract drafting and 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 the formation
Sui generis formation
How do you form a contract? (Part 2)
Distinctions between negotiations and contracts
Have you accidentally formed a contract while negotiating?
The six steps of Pagnan Freres
'Subject to contract'
'Without prejudice'
RTS Flexible Systems Ltd v Molkerei Alois Muller
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 you have no precedent)
Mapping: tied drafting (when you have a starting point)
Structures of typical commercial contracts
Ancillary documentation and contracts
Drafting for certainty
Pre-contract documentation and discussions
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 easy but not well-known stuff (Part 2)
Differences between 'shall do', 'will do', 'endeavour to do'
Understanding WCI and why you cannot draft contracts without them
Differences between warranties, undertakings and representations
Differences between warranties and 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: risks and responsibilities
The ACE principle
Acceptance of risk
Capping of risk
Exclusion of risk
Arguments used by each side when negotiating
Drafting a liability clause: tips, tricks and techniques
The change in law and practice since 2016
Indirect and consequential loss: the changing position since 2017
UCTA and CRA
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 liability
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
Interest clauses
A clause: charging interest for late payment
Penalties and rates of interest
Force majeure and payments
The importance of waiving rights - or not
Entire agreement clauses
Entire agreement clauses
Purpose
Problem
A new purpose
The law
Drafting a clause
Documentary inclusion/exclusion
Governing law, jurisdiction and dispute resolution clauses
Governing law
Jurisdiction
Dispute resolution clauses
Exercises
Speakers:
Mark Weston
Hill Dickinson LLP
Mark Weston is a partner at Hill Dickinson LLP where he is Head of Commercial Law (London), Information Technology Law and, Intellectual Property Law. Mark joined the firm in 2016 from Matthew Arnold & Baldwin LLP where for 12 years he was a partner and Head of the Commercial, Intellectual Property and Information Technology Group, before which he spent several years at Baker McKenzie. Mark's practice covers both non-contentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, digital and privacy/data law.
He specialises in commercial and tech issues. He has extensive experience in-house, having been seconded in the past to Hewlett Packard and new technology companies. His practice covers all sorts of commercial areas (including distribution, agency, franchising, sales and marketing strategies, advice and documentation) as well as extensive IT niches including advising clients regarding hardware and software issues (including SaaS, cloud, development, licensing, maintenance and distribution), solutions for and methods of transacting on the Internet, electronic commerce including B2B, B2C and B2G, S-commerce and M-commerce, social media, strategies to minimise or maximise liability and carry out compliance audits, outsourcing, facilities management, procurement, company IT policies and data protection (privacy) issues.
He also has experience in IT litigation (and different alternative dispute resolution techniques). Mark writes various books on his specialist topics and is an editor and contributor to several publications and articles and lectures at numerous commercial, IP and IT-related conferences and training programmes. Mark appears regularly on BBC1 (usually providing advice on-screen to BBC Watchdog) and also on Sky News as a legal commentator.
For more information about this training visit https://www.researchandmarkets.com/r/uzlk33
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.
CONTACT: CONTACT: ResearchAndMarkets.com Laura Wood,Senior Press Manager press@researchandmarkets.com 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