A Practical Guide To Drafting Contracts
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| Author | : Cynthia M. Adams |
| Publisher | : Aspen Publishing |
| Total Pages | : 387 |
| Release | : 2020-02-02 |
| Genre | : Law |
| ISBN | : 1543820891 |
From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts
| Author | : Scott J. Burnham |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2003 |
| Genre | : Contracts |
| ISBN | : 9780820557885 |
Drafting and Analyzing Contracts (called Drafting Contracts in its first two editions) is organized around the topics that are studied in the first year Contracts course. The purpose of this book is to apply the principles of contract law to the drafting of agreements. Each chapter discusses the substance of contracts as applied to drafting and suggests language that may be employed to accomplish the purpose. Drafting and Analyzing Contracts uses drafting to: exemplify the principles of contract law illustrate the principles in a planning context develop the skills of a lawyer Part I (How the Principles of Contract Law are Exemplified in Drafting) contains 14 chapters that illuminate the substantive law. For example: Chapter 7 demonstrates the problems that can arise from ambiguity and how to cure them; and Chapter 10 makes clear how drafters can use the concepts to accomplish different goals. Part II (How the Principles of Drafting are Exemplified in Contracts) teaches techniques for contact drafting, including Drafting in Plain Language and Drafting with a Computer. Part II reinforces the substantive law and is particularly useful for classes that teach drafting. New in this edition is Part III (How to Read and Analyze a Contract). Attorneys rely on forms and models and often employ form contracts where there is no opportunity for drafting. Therefore, attorneys must first read a contract before drafting or explaining it to a client. Students who follow the "5 passes" process for reading contracts will develop and deepen their analytical skills. A thorough Teacher's Manual (available only to professors) provides guidance on teaching drafting, commentary on all parts of the book, solutions to all the problems, additional problems, and a bibliography.
| Author | : Mark G. Malven |
| Publisher | : |
| Total Pages | : 410 |
| Release | : 2015-05-07 |
| Genre | : License agreements |
| ISBN | : 9781402423703 |
Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed: - HIPAA- The Gramm-Leach-Bliley Act- The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers
| Author | : Tina L. Stark |
| Publisher | : Aspen Publishing |
| Total Pages | : 752 |
| Release | : 2013-11-26 |
| Genre | : Law |
| ISBN | : 1454829052 |
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
| Author | : Kenneth A. Adams |
| Publisher | : American Bar Association |
| Total Pages | : 276 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9781590313800 |
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.
| Author | : Lenné Eidson Espenschied |
| Publisher | : American Bar Association |
| Total Pages | : 334 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9781604427950 |
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.
| Author | : Dodd, Feldman, Nimmer |
| Publisher | : Wolters Kluwer |
| Total Pages | : 2300 |
| Release | : 2019-12-17 |
| Genre | : Law |
| ISBN | : 1543812503 |
The professional's favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process --from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contract-- giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract process--from conducting the initial client meeting to closing the deal. You'll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how they're assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements --such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then you'll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
| Author | : Ravi Singhania |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 338 |
| Release | : 2020-06-01 |
| Genre | : Business & Economics |
| ISBN | : 9390077060 |
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.
| Author | : Ben L. Fernandez |
| Publisher | : Vandeplas Pub. |
| Total Pages | : 180 |
| Release | : 2020-08-14 |
| Genre | : Law |
| ISBN | : 9781600425165 |
Drafting Contracts - A Practical Guide to Transactional Practice, authored by Ben L. Fernandez is a brief but comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. Ben L. Fernandez currently teaches Legal Drafting to students at the University of Florida Levin College of Law. Before he went into teaching, he gained extensive experience practicing in this area. He has densely packed this concise text with valuable practice information, insights and tips. This latest book on contract drafting contracts covers more topics and has much more practical information than other texts on this subject. Issues discussed include: Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal) Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may") Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references) Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties) Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions) Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks) Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits) Drafting with Precedent Language and Documents (putting a document together from sample provisions) Tailoring Form Documents (revising a complex form document) Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions) Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal) Closing the Deal (closing agendas, verifying signature authority) Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact) Drafting a Contract Amendment (sample form for amendments) Using Computers to Draft Contracts (document assembly programs, on line execution, artificial intelligence) Drafting Contracts also contains numerous sample contract provisions, as well as helpful charts and checklists, and exercises and sample answers on drafting a contract from scratch and tailoring and revising a complex form agreement. Drafting Contracts - An Introduction to Transactional Practice by Ben L. Fernandez is an essential guide for any law student or novice attorney interested in contract drafting and transactional practice.
| Author | : Vladimir R. Rossman |
| Publisher | : Wolters Kluwer |
| Total Pages | : 2506 |
| Release | : 2012-12-17 |
| Genre | : Law |
| ISBN | : 145483109X |
In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more
