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The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.
An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises
This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Basic Contract Drafting Assignments: A Narrative Approach is a unique supplement of contract drafting exercises designed to be used with any contracts or drafting course book. Instructors who want to incorporate drafting exercises into the classroom experience will find an invaluable asset in his supplement, which provides students with the tools necessary to develop skills that can be applied to various types of advanced transactional work. Divided into four interest-catching sequences, this concise paperback takes a narrative approach, and gives students the opportunity to learn by doing: The first assignment in each sequence introduces the clients, their businesses, and their needs. In the second and third assignments those clients evolve and grow, and their business needs change. Each sequence features assignments of varying lengths and types, including gathering information, interviewing the client, outlining the issues that need to be considered from both sides of the table, and drafting the necessary memos, letters, and final contract. The assignments focus on methodologies in four areas: How to conceptualize in writing the parties rights, duties, risks, and protections. How to organize a contract on both the macro and the micro levels. How to draft for clarity and enforceability. How to express boilerplate terms. Additional resources for students and instructors include: Entertaining and informative appendices, among them What Deal Lawyers Say to Each Other: A Dictionary of Contract Negotiation and Drafting Slang Ten Tips for Interviewing a Client about a Transaction Decoding the Comments on Student Contracts: Some Samples with Illustrations Basic Contract DraftingAssignments will augment and enhance any book you are currently using by providing a wealth exercises that will help students learn real-world drafting techniques and skills.
Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.
Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.
Contract drafting is different from the other types of writing that a new lawyer is faced with. Law school contracts classes rarely consider the issues that arise in sophisticated commercial transactions. A new lawyer is therefore forced to learn by doing and observing -- in high-pressure 'on the job' training. Now there is help. Working with Contracts: What Law School Doesn't Teach You provides the beginning lawyer with an operative understanding of the vocabulary and the building blocks of contracts. It introduces the basic elements of all contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and addresses issues that arise in reviewing contracts, including due diligence issues. It also offers sample provisions, drafting checklists, and an expansive glossary of contract language and basic transactional practice.
"This is a good reference for people who have a bit of plain TeX under their belts, as the examples mix primitives and plain rather freelyIt is worth having in your reference library, particularly if you use plainTeX, or have to delve into TeX's innards for any reason." (Stephen Moye, American Mathematical Society).
This book is an essential handy guide for any draftsman and in-house counsels as it not only contains the practical and usable templates that can serve as a prototype for the various contracts but also provides a sense about the purpose and critical points of the contract. For each of the chapters, along with the templates, there is an introduction and drafting notes, allowing a reader to grasp the essence and importance of the clauses. It comprises of chapters on Partnership; Procurement of goods, services and assets; Mergers, Acquisitions and Joint Ventures; Real Estate; Employment; Confidentiality; Franchise; Trademark; Patent; Copyright publishing, broadcast reproduction and performer's rights; Agency; Hire Purchase; Turnkey/EPC; and Project Finance. One chapter is exclusively devoted to one of the most important clauses in any contract ie the Dispute Resolution clause, and it covers the intricacies of this clause with respect to different contracts. This book will prove useful for professionals/students in understanding the practical details of varied contracts, act as a beginning point for practitioners, and be useful for all considering the vast number of contracts dealt with. Key Features A must to have for in-house legal teams, consultants, legal practitioners, and fresh lawyers. Templates of important and day-to-day contracts, acting as a beginning point for practitioners. Practical and business-oriented templates for day to day contracts with introduction and drafting notes. Special focus on Dispute Resolution clauses in most of the agreements. Useful for professionals/students to understand the practical details of varied contracts.
The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more
