Course Overview

There is substantial demand for Contract drafting that is something most lawyers start their practice with. Specializing in contract drafting can produce a niche for you as effective drafting of contracts would bring transactions to a smooth, low dispute place. On the other hand, ineffective contract drafting can result in leaving loose ends and paving the way for legal actions from both parties.

Irrespective of your designation/position viz. a businessman and not a lawyer or a consultant, you would still need to understand the terms and implications of a contract your business has entered into or proposes to be entered into.

Effective negotiating skills can offer you favourable terms in a contract, which would support your business to gain the maximum advantage possible from a deal. This ZOE course is, therefore, a must-take for anyone who wishes to understand the nuances and implications of different types of contracts.

Course Objectives

The objectives of this Commercial and Business Contract Drafting training course are to empower professionals to —

• Establish a good understanding of commercial law contracts
• Master practical and hands-on drafting techniques to write concise and effective agreements
• Scrutinise special contractual arrangements and letters of intent
• Ascertain and justify the key legal principles governing the formation of contracts
• Outline readable documents, such as contracts, that incorporate correct structure, clear language, and risk management
• Display effective negotiation techniques in commercial contracts

Training Methodology

This collaborative Commercial and Business Contract Drafting Course will comprise the following training methods:

• Lectures
• Seminars & Presentations
• Group Discussions
• Assignments
• Case Studies & Functional Exercises

Zoe Talent Solutions follows the ‘Do-Review-Learn-Apply’ model.

Organisational Benefits

Through this Commercial and Business Contract Drafting Course, participants shall be able to benefit their organization in the following ways:

• Inspect assignment and novation to make sure you are suitably protected in the case of transfer or sale of rights
• Deliberate the purpose and effect of typical boilerplate clauses and how you can leverage value for your organisation through clearer drafting
• Deal with payments and interest terms to understand how penalties can be applied
• Get up to date with the practice and drafting of contractual warranties and indemnities
• Comprehend the effect of exclusion and limitation clauses, and how they can be used to manage your exposure

Personal Benefits

Through this Commercial and Business Contract Drafting Course, professionals will benefit in the following ways:

• Develop your knowledge of the risk of drafting a contract without a confidentiality clause
• Know the risks that can be created through poor drafting in practical exercises under the guidance of the expert
• Discuss and consider any disputes or issues you are facing with participants from other organisations to gain new ideas and perspectives
• Recognise the pitfalls and advantages to applying an effective standard structure and format to every contract
• Learn how to construe variations and time of essence clauses
• Simplify the distinction between ‘best endeavours’ and ‘reasonable endeavours’ – required terminology in commercial contracts
• Analytically probe and evaluate your own professional practice, toward accountability and improvement

Who Should Attend?

• Lawyers
• Entrepreneurs
• Government officials
• Officers in public-private partnership projects
• In-house legal teams of companies
• Central and state governments
• PSUs
• Independent litigators
• Sales managers
• Contract managers
• Project managers
• Engineers
• Human resource
• Finance professionals and anyone who deals with agreements

Course outline

Module 1: Contract Planning

• Identifying the complications added by multi-jurisdictional elements of the contract
• Ascertaining and planning to draft for certain contractual risks
• Focusing on the precise things and on the key terms

Module 2: Building Contract Foundations

• Value risk approach to managing contracts
• Roles and responsibilities
• Effective stakeholder management

Module 3: Mastering the Drafting Process

• Formulating a process
• Researching, drafting, and reviewing
• The drafting processes
• Developing a suitable Contract Structure
• Defined Terms and Principal Sections
• Boilerplate Provisions
• Style and Type of Language
• Common Words and Phrases

Module 4: Mastering Clause Development

• Classifying and using techniques for structuring a clause

Module 5: Drafting Techniques

• Identifying techniques for clear drafting
• Using simple words and avoiding legalese
• Omitting unnecessary words
• Using and misusing plurals
• Applying the subject-verb-object approach
• Recognise when to use the active or passive voice
• Using punctuation
• Applying other proven techniques

Module 6: Contractual Language

• Dealing with concepts and notions such as good faith and endeavours

Module 7: Contract Interpretation

• Understanding the principles of contract interpretation
• Ascertaining the effect of recent judgments on drafting commercial agreements

Module 8: Contract Based Risk Process

• Identification
• Assessment
• Classification
• Quantification
• Monitoring

Module 9: Case Studies and Practical Contracting Drafting Exercises