Drafting Commercial Contracts

Date	15 Jun 2010
Venue	ETC - The Hatton · Please contact us for help with booking accommodation
Price	EUR 799.00 / GBP 649.00 (+VAT @ 17.50)% Members of our Training Partnership scheme pay EUR 399.00 / GBP 325.00 (+VAT @ 17.50%)
Get	Course brochure [215kb]
Book	Book now online or learn about other ways of booking

Date	5 Oct 2010
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	(+VAT @ 17.50)%
Book	Book now online or learn about other ways of booking

Date	1 Dec 2010
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	(+VAT @ 17.50)%
Book	Book now online or learn about other ways of booking

Course overview

Disputes about the interpretation of written contracts are one of the largest sources of commercial litigation. Clarity and fair construction is the key to successful commercial contracts and successful dispute resolution, if a dispute should arise.

Drafting commercial contracts focuses on the structure and format of commercial contracts, drafting techniques, and the use and understanding of some legal clauses. This practical seminar provides an explanation of current legal drafting techniques and recommends best practice for drafting clear, unambiguous and understandable commercial contracts. Attending this programme will help you to guarantee your commercial contracts achieve business success without exposing your organisation to risk.

What are the objectives of this workshop?

Attend this practical programme and you will:

• Understand the pitfalls and pluses to using an effective structure and format of a typical commercial contract
• Get-to-grips with all the typical clauses and how to most effectively use them
• Master practical drafting techniques for writing clear, unambiguous and understandable commercial contracts
• Gain an understanding of the special contractual arrangements and letters of intent and be able to use them to your advantage
• Learn useful tips on how to draft and interpret variations and ‘time of the essence’ clauses
• Clarify the distinction between ‘best endeavours’ and ‘reasonable endeavours’ – essential terminology in commercial contracts
• Get up-to-date with the use and drafting of contractual warranties and indemnities
• Understand the effect of exclusion and limitation clauses

Who should attend?

• In house lawyers
• Solicitors in private practice
• Commercial directors and managers
• Contracts managers

Practical interactive learning style

This workshop style programme has been designed to offer a practical solution to your drafting challenges. Throughout the expert presenter will use a balanced mix of theory, group exercises, discussion, sample clauses and case studies to provide you with a comprehensive portfolio of practical tips and techniques to drafting contracts which meet your commercial objectives as well as ensuring that there are no ‘surprises’ further on.

The CPD Series

Falconbury’s CPD Series provides high quality training for legal professionals from both in-house and private practice. The focus of the events is to provide comprehensive and practical legal updates and current international legal thinking and practice in a clear and informative format.

Programme

The legal framework of a contract Systems of law Precedent (and some Latin) Contract formation (2 systems: old and new) Writing and evidence Breach of contract Remedies and enforcement Commercial contract format and structure Part 1 Law and custom Tone and format Deed or contract? Mapping the deal: development contract The free draft The tied draft: structures of typical commercial contracts (Development contract exercises and example basis) Commercial contract format and structure Part 2 The tied draft: structures of typical commercial contracts Examining our agreement (Development contract exercises and example basis) Ancillary documentation and contracts Pre-contract documentation and discussion Prevention is better than cure TLAs Distinctions between negotiations and contracts: ‘Subject to contract’ and ‘Without prejudice’ Confidentiality agreements Law Practice Content of TLAs Agreements to Agree Variations

Terms: implied, express and standard Implied terms 3 types Plus 1 Express terms Time is of the essence Endeavours Standard terminology reasonable substantial material Drafting techniques Practical tips Shall, will, endeavours WCI Undertakings Representations TLA Exercise Warranties Indemnities Exclusion and limitation clauses Economic rationale Drafting a liability clause What’s in? Taking it out Interpretation UCTA 1977 Examples: General: consequential loss Particular: recent cases Proposals for reform A Liability Exercise

The expert presenter

Mark Weston is a partner at Matthew Arnold and Baldwin where he joined in August 2004 as Head of the Commercial, Intellectual Property and Information Technology Group, after several years at Baker & McKenzie. Mark’s practice covers both noncontentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, electronic commerce, and on-line services law. He has extensive experience in-house, having been seconded in the past to Hewlett Packard and new technology companies. His practice covers all sorts of commercial areas (including franchising) as well as extensive IT niches including advising clients regarding hardware and software issues (including development, licensing, maintenance and distribution), solutions for and methods of transacting on the Internet, electronic commerce, including B2B, B2C and B2G, strategies to minimise or maximise liability and carry out compliance audits, outsourcing, facilities management, procurement, company IT policies and data protection (privacy) issues. He also has experience in various other areas of advanced IT law (such as digital signatures and PKI) and in dealing with software disputes and IT litigation (and methods of using alternative dispute resolution techniques). Mark is Chairman of the Society for Computers & Law (north London & Home Counties Region), Chairman of the Intellectual Property Interest Group of Lawnet and is a premier member of the Eurojuris Intellectual Property Panel. Mark is an editor and contributor of several publications and articles and lectures at numerous commercial, IP and IT related conferences and training programmes.

Past delegates’ comments

Some of the comments received by participants on this course:

“Interactive and very useful course”

Anne Sophie Frere, Gaz de France

“Lecturer has first hand experience”

Richard Diprose, Prudential Property Investment Managers Ltd

“Very helpful, thanks very much”

Hannah Newbury, Havant Borough Council

“Very broad overview. Excellent”

Melanie Collier, Bevan Brittan

“Speaker excellent and knowledgeable”

Sarah Purcell, BskyB

“I was very impressed with the content and pace of the presentation. Mark Weston kept us engaged and focused with just the right amount of audience participation”

Gareth Griffiths, Baillie Gifford & Co

“Excellent – clear and approachable, with lots of practical experience”

Yvonne Wilkinson, European Bank for Reconstruction and Development

“Best CPD day course I have attended”

Carla Roberts, BDML Connect Ltd

You might also be interested in...

Delegates who attended this course also went on the following courses:

Client portfolio

Our client portfolio for this course includes the following companies:

ARABSAT	Fintage Music	Mizuho International plc
Alma Chambers, Legal Pract & Consultant	Focus Solutions Group plc	Nacco Materials Handling Ltd
Alstom Power Service	Forestry Commision	National Theatre
Associa Ltd	Franklins Solicitors LLP	New Look Group Ltd
Avery Weigh-Tronix	Havant Borough Council	SELEX Sensors & Airborne Systems Ltd
BDML Connect Ltd	JD Weatherspoon	Saxo Bank AS
BHSF Ltd	Jardine Lloyd Thompson Group plc	Scott Wilson Group Plc
BP PLC	John Crane UK Ltd	Seatrade Groningen BV
Bevan Brittan	John Zink International Luxembourg Sarl	Shire Pharmaceutical Group Ltd
Biffa Waste Services	KPMG	Smith & Nephew
Bishopscourt Group	Kier Ltd	Starcomms Ltd
British American Tobacco (Switzerland) SA	Legal Services Commission	Sue Ryder Care
British Sky Broadcasting Ltd	London Borough of Tower Hamlets	TBI Holdings BV
Burgess Ltd	MW Kellogg Ltd	Talisman Energy (UK) Ltd
CFS Ltd	Macmillan Publishers	Treasury Solicitor
Cityscape International Ltd	Matthew Arnold & Baldwin	Unifine Food & Bake Ingredients
Equity Release Services Ltd	May Gurney Ltd	VIPNET doo

 

Falconbury can deliver Drafting Commercial Contracts for you as an In-House training programme for your whole legal or contracts department.

More and more organisations choose the In-House training option where they can specifically focus on Their Contracts terms and conditions and can tailor the course to their exact needs. In today’s competitive and risk sensitive market the legal and commercial teams with the greater understanding of clear and concise drafting techniques will almost certainly come out winners.

For more information call Caroline Glen on +44 (0)20 7729 6677 or visit our contact page and we will get back to you immediately.

Continuing professional development

Solicitors Regulation Authority

This course is accredited for 6.00 CPD hours (CPD reference CSC/FALI).

General Council of the Bar

This course is accredited for 6.00 CPD hours.