Contract Drafting and Management Skills Training


Overview

Contract Drafting and Management Skills Training will help participants to get to grips with all the typical clauses, potential risks, pitfalls involved; and the structure necessary to draft clear and unambiguous contracts. The sessions are designed to help the delegates get a firm understanding of what is required to successfully draft commercial contracts. It deals with planning for the contract,  risk, liability, understanding legal jargon, and the legal and contractual framework.
Drafting commercial contracts effectively from the outset avoids hidden risks and liabilities and ensures that you always achieve your commercial objectives. Even though, the laws of each country are different, there are a lot of similarities in certain areas in contract law.
For Who:
The Course is meant for everyone; (Solicitors in private practice, Legal and para-legal executives, Commercial directors and managers, Contracts managers), since it is highly likely that you will be entering into or signing some contract or other be it Rental Agreement, Consultancy Agreement or Employment Agreement. Entering contract is almost inevitable
Learning Objective
By the end of this training, participants will be able to:
· recognize the strategic importance of Contracts and need for Contract Drafting
· Identify the elements of a contract
· Identify the laws governing the different kinds of contracts
· define the contract clauses and contract writing models
· relate with international contracts and cross-border contracting concepts and practices
· articulate contract management approaches
· Demonstrate the skills of effective contract drafting
· Write clear and unambiguous terms
· Specify performance obligations
· Address risks
· Include effective Limitation and Exclusion Clauses
· Avoid drafting pitfalls
· write effective commercial contracts
Contents
Module 1
The Commercial and Legal Objectives
Contract, Contract Types, and contracting
Getting started: preliminary considerations
Drafting precedents
The wishes and needs of the client
Four philosophies of drafting
Draft terms
Rectification
Mutual understanding: plain intelligible language
Obscure words
The uses of formulae to clarify commercial objectives
Contract language, contract substance, the contracts process
Module 2
Terms of the Contract
Drafting clear and unambiguous contract clauses
The use of 'legalese' or archaic contract language
Why or when to use certain contract language?
Legal or practical impact of certain contract clauses
Time: is it to be or not to be of the essence
Positive obligations: firm undertakings or endeavors
What is the distinction between ‘best endeavors’ and ‘reasonable endeavors?
Other cases distinguishing between reasonable endeavors and best endeavors
Are there any problems in enforcing endeavors clauses?
Third party rights: should these be permitted, restricted or excluded
Controlling assignment
The creation of a trust of the benefits arising from a contract
The Contracts (Rights of Third Parties) Act 1999. Termination provisions: the choices to be made
Clauses providing for termination for breach of contract: the attitude of the courts
Material breach; substantial breach; repudiation
The nature of the breach
Material breach
Termination in relation to other remedies
Module 3
Structuring the Contract
The title and the description of the parties
The recitals
Recitals and the matrix theory
The terms of the contract
The signature: simple contract or execution as a deed
Pre-contractual arrangements
Post-contractual arrangements
What is the effect of an ‘entire agreement’ clause?
The Court of Appeal cases
What is a framework agreement?
Module 4
How the Courts Will Interpret What Is Written
Comparative (contract) law enquiries
Cross-border contracting or negotiating
Checklists for contracts
(How to) cooperate on model contracts
The look & feel of a contract
Ambiguities, absurdities, and technicalities
The contra proferentem rule
The interpretation of indemnities
Consequential’ loss or damage
The knock-on effect of amendments
Module 5
Valid and Invalid Terms & Contract Management
The rule against penalties
Unfair terms: some common law principles
Unfair terms: the scope of the Unfair Contract Terms Act
Unfair terms: some cases on the test of reasonableness
Unfair terms in consumer contracts
Other tests of validity under statute
The Human Rights Act
Terms that create mutual understanding and expectations
The look & feel of a contract
- Contracts stored in the cloud
- document management systems (DMS)
- Contract lifecycle management (CLM) software
- matter-management IT-solutions
- Service Management & Customer relation management (CRM) tool
Please Call or WhattsApp +234 9026713101, 08033241313, email : admin@lclcoaches.com, lclcoaches@gmail.com