Drafting Commercial Contracts

Date	5 Oct 2010
Venue	Grange White Hall Hotel · 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 [365kb]
Book	Book now online or learn about other ways of booking

Date	1 Dec 2010
Venue	Grange Langham Hotel · 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%)
Book	Book now online or learn about other ways of booking

Date	2 Mar 2011
Venue	Venue to be confirmed. · 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%)
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 context of contracts

• Systems of law
• European Union
• Legislation and precedent

Commercial contract structure

• Purposes of contracts
• Objectives in contract construction and negotiation
• Which party should initiate the contract?
• Process of contract construction
• Sequence of contract clauses
• Standard terms and conditions
• Framework contracts
• Presentation aspects

Contract formalities and practice

• Contact formation
• Deed or contact
• Signatures
• ‘Battle of the Forms’

Pre-contract negotiations

• Letter of intent
• ‘Subject to contract’
• Agreements to negotiate and agreements not to negotiate
• Pre-contract representations and misrepresentations
• The effect of pre-contract negotiations on the contract
• The consequences if there is no contract

Terminology and specific wording

• Definitions
• Terminology
• Specific Terms
  • Time is of the essence
  • Best endeavours and reasonable endeavours

Valid and invalid contract terms

• Sales and services contracts and implied terms
• Warranties
• Indemnities
• Excluding and limiting liability
• Direct and consequential loss and damage
• Unfair contract terms
• Reasonableness

Enforceability and legal risk management

• Carrying out a contract or ending it
• Remedies for breach of contract
• Managing risk by means of contract
• Dispute risk management
• Contract administration

The expert presenter

RACHEL BURNETT is a Solicitor with her own legal firm. Her career combines law together with technical and business experience within the IT industry. Originally an IT professional after graduating from Exeter University, she worked for large corporate organisations in system development and project management. She qualified as a solicitor, and joined one of the first niche IT law practices. Following several years as a partner in City of London law firms, she now runs her own legal firm, acting for commercial clients. Her clients have always included start-ups and mid-range companies. Rachel is an experienced presenter both in the UK and abroad, delivering seminars and workshops on the practical management in business of law and intellectual property, contracts and compliance. She is author of Thorogood Professional Insights Reports IT Contracts and Commercial Contracts, She writes on IT law for journals and professional publications, including as a regular columnist for the IMIS Journal and BCS IT Now. Rachel has been awarded an Honorary Doctorate in Technology from Southampton Solent University, and works with the Open University Law Programme as an associate lecturer. Rachel was President of the British Computer Society 2007-2008. She is a Livery member of the City of London Information Technologists’ Company.

Past delegates’ comments

Some of the comments received by participants on this course:

“Interactive and very useful course”

Anne Sophie Frere, Gaz de France

“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

“Best CPD day course I have attended”

Carla Roberts, BDML Connect Ltd

“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

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

Yvonne Wilkinson, European Bank for Reconstruction and Development

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Client portfolio

Our client portfolio for this course includes the following companies:

Accenture	Cityscape International Ltd	MITIE Security Ltd
Aearo Ltd	Corporate Occupier Solutions	Nacco Materials Handling Ltd
Agip Kazakhstan North Caspian Operating Company	DLA Piper	Novell UK Ltd
Akzo Nobel NV	Dorset County Council	Nuclear Decommissioning Authority
Alstom Switzerland Ltd	Fintage Music	Oracle Financial Services
Amphenol Ltd	Focus Solutions Group plc	Provident Financial Management Services Ltd
Associa Ltd	Fresenius Medical Care Ltd	Psion Teklogix (UK) Ltd
Associated Newspapers Ltd	Gallager Ltd	QBE
Astellas Pharma Europe Ltd	Gaz de France	SAS
Baillie Gifford	Global Marine Systems Ltd	Saur
Baillie Gifford & Co	Grass Roots Group Plc	Science Photo Library
Balfour Beatty Rail Projects	Jan DE NUL nv	Snamprogetti Ltd
Beckman Coulter UK Ltd	John Zink International Luxembourg Sarl	Talisman Energy (UK) Ltd
Belfast International Airport	KPMG	Tate
Blue Oak Capital Ltd	Legal Services Commission	Treasury Solicitor
Bostrom Tankers AB	London Borough of Hackney	Virgin Atlantic
Cartus Ltd	London Borough of Tower Hamlets	Winterthur Financial Services UK Ltd

 

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.