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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.
Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts.This book includes:- A guide to the common legal issues in negotiating and drafting contracts- An explanation of the structure and content of a commercial contract- Good and bad practice in drafting (and in using clear, modern English)- The meaning and use of commonly-used words, phrases and legal jargon- The formalities for creating and signing contracts- Guidance on the interpretation of contracts- Steps to take, and what to check for in a contract to eliminate errors (including lists of what to check for in different situations)- Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents- Drafting and legal issues when contracting with consumersThe Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation.Drafting and Negotiating Commercial Contracts, Fourth Edition is for everyone who wishes to understand, or has to negotiate or draft, a commercial contract. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.
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
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.
Shows how international lawyers make non-law (extra-legal, illegal and other non-legal phenomena) and why this matters in global politics today.
The only offering of its kind, Negotiating Business Transactions: An Extended Simulation Course contains facts and contextual materials, negotiating instructions for each side, and background readings on all aspects of the transaction. The text is an introduction to both negotiations and transactional legal practice, and meets the ABA practical skills requirements. By bringing a business deal into the classroom, the text helps students study objectives, structures, and strategies and learn by doing in a setting where mistakes become lessons--not malpractice. The text enables students to develop negotiating and drafting skills as they experience the ""real time"" challenges of negotiating deals. Students explore the interaction between business and legal issues in the context of structuring those deals. Then, they can apply what they have learned to produce a solution that meets the client's objectives and is acceptable to the counterparty. Finally, by understanding the social and environmental impacts of business transactions, students can more fully explore issues of professional responsibility in negotiations. Student response has been consistently and overwhelmingly positive. Features: meets ABA practical skills requirements contains simulation materials facts and contextual materials negotiating instructions for each side background readings on all aspects of the transaction introduction to both negotiations and transactional legal practice brings a business deal into the classroom to study objectives, structures and strategies an opportunity to learn by doing in a setting where mistakes are lessons, not malpractice enables students to: experience the ""real time"" challenges of negotiating a business deal explore the interaction between business and legal issues in the context of negotiating and structuring a business deal apply legal knowledge to produce a business solution that meets the client's objectives and is acceptable to the counterparty develop negotiating and drafting skills understand the social and environmental impacts of business transactions examine professional responsibility issues in negotiations student response is consistently and overwhelmingly positive syllabus alternative class formats sample lecture outlines for issues raised by the simulation sample PowerPoint slides debriefing issues
This new Second Edition updates its first edition published in 2005 by examining the fundamental issues that both licensors and licensees confront in the negotiation of a software license. This resource is accompanied by and cross-referenced to an annotated software license. A detailed index and companion CD-ROM is also included for customization of the software license and related forms.

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