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Audience - Lawyers in private practice
- Lawyers in banks and financial institutions
- Lawyers working in industry and government
- Anyone working in a legal environment, including legal secretaries and paralegal support staff.
Course Outline Delegates will look at a wide variety of commercial clauses and agreements through practical drafting sessions. A typical programme will cover the following aspects, however, each programme is adapted according to the actual requirements and interests of the delegates present. PART 1 - BACKGROUND Introduction to the English law of contract - Common law and equity
- Codifications of contract law
- Judicial resolution of legal disputes in English courts
- Interpretation of written documents
- Status of court judgments in English courts
Legal requirements for an enforceable contract - Effective acceptance
- 'Battle of the forms'
- Postal rules
- Telex, fax and Internet
- Consideration
- Variation of contract
- Absence of mistake or illegality
- Form
- Statutory requirements
- Authority and signature
- Commercial agents
- Employees
- Jurisdiction and proper law
- Cases in which agreements may be unenforceable
Termination of contract - Time for performance
- Frustration and force majeure
Some obstacles to enforcement - Lack of consideration
- Misrepresentation (false statements)
- Fundamental mistake
- Illegality
- Severance clause
PART 2 TECHNICAL CONTENT An overview of cross-border agreements - Licensing
- Agency
- Distribution
- Employment
- Share and asset purchase
The structure of a contract - Key elements
- Terms
- Phrases
- Structuring
Different approaches in civil and common law - Avoiding cross-code confusion
- Terms and conditions
- Guarantees and warranties
- Use of Definitions
- Formation
- Consideration
Typical clauses - Recitals
- Boiler-plate
- Operative
Enforcement of decisions in international contractual disputes PART 3 PRACTICAL CONTENT Redrafting a range of typical clauses from a range of commercial agreements - Understanding and redrafting complex sentences, avoiding archaisms, repetition and ambiguity
- Contractual principles applied to common types of commercial disputes
- Drafting selected clauses according to sets of agreed principles
Letter and document writing - Heads of Agreement
- Letters of Intent
- Other forms of written communication employed in a contractual context
PART 4 SKILLS DEVELOPMENT Drafting and redrafting in English - Grammar as used in contracts
- Reading for specific information
- Interpreting complex sentences
- Technical legal terminology
Writing skills - Sequence structuring
- Plain English
- Clause and result
- The language of contracts - terms, clauses and types of agreement
- Strategies for continued improvement
How to make a booking for the CM024981 course
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