Drafting Of Commercial Contracts

Comprehensive learning on the lifecycle of commercial transactions – drafting and executing drafts, contract management

What you’ll learn
Understanding of typical life-cycle of corporate transactions
Learn to draft watertight commercial contracts
Managing breach and termination of contracts
Drafting and negotiating alternative dispute resolution clauses
Effective risk control measures to minimize legal exposure and avoid disputes
Requirements
No prior legal experience is required. The course goes from basics to advance
Description
In the past few years, we have not only seen the number and size of commercial transaction increasing but with such increase and rapidly changing environment, the complexity of such transactions have also been increasing. This has become all the more prevalent with events like the current pandemic of COVID-19 & lockdown that has mandated the lawyers to re-visit their understanding and skills of drafting commercial contracts. Since every business transaction is governed by contracts and agreements, it has become necessary that contracts be aligned with business requirements as well as with the changing environment. Negotiating and drafting commercial contracts has always been an indispensable part of any business transaction and forms the basic but a major part of an acquired skill set for law students and lawyers. Legal Professionals are required to be well versed with the drafting techniques and expertise to foresee the risk and handle it in the best interest of their organizations.This masterclass will introduce you to the lifecycle of typical commercial transactions followed by focused learning on drafting and analyzing critical provisions in commercial agreements and will guide you to improve your negotiating skills. This training will also train you to advise your client to reduce exposure and avoid litigation by being fully conversant with the knowledge, skills, and strategies in ensuring that the contracts are well negotiated, properly drafted, and managed.

Overview

Section 1: Masterclass Into & Instructions

Lecture 1 Masterclass Info

Lecture 2 Masterclass Instructions

Section 2: Module I | Fundamentals: Commercial Transactions

Lecture 3 Introduction to Corporate Transactions

Lecture 4 Commercial Transaction- Meaning

Lecture 5 Creation of formal contract – From an LOI or MoU

Lecture 6 Overview: Lifecycle of Typical Commercial Transaction

Lecture 7 Formation of Enforceable Agreements

Lecture 8 Explained: Enforceable Contract

Lecture 9 Void Contract

Lecture 10 Q. What is the difference between MoU and LOI?

Lecture 11 Q. Are oral contracts valid & enforceable?

Lecture 12 Q. Can emails be construed as a valid contract?

Lecture 13 Q. What is the importance of stamp duty in executing enforceable contract?

Lecture 14 Q. Is a contract on a letter-head of a company valid?

Lecture 15 Q. Can certain clauses of a contract be enforced in isolation of other clauses?

Lecture 16 Q. Is non-compete clause enforceable?

Lecture 17 Q. Is dream11’s services legal and can it be construed as gambling?

Lecture 18 Q. What is the difference between damages and indemnity?

Lecture 19 Q. Drafting of contract via-a-vis alternate modes of dispute resolution

Lecture 20 Q. What is reps (representation) and warranty in a contract?

Lecture 21 . Can a contract be construed void because of inadequate consideration?

Section 3: Module II | Drafting of Commercial Contracts

Lecture 22 Drafting a Commercial Contract

Lecture 23 Drafting: Introductory Clause

Lecture 24 Drafting: Recitals & Definition

Lecture 25 Drafting: Operative Clauses

Lecture 26 Risk Allocation in Commercial Contracts

Lecture 27 Template: Memorandum of Understanding (MoU) with Drafting Notes

Lecture 28 Template: Supply Agreement (Cross-border) with Drafting Notes

Lecture 29 Q. Are recitals binding in nature?

Lecture 30 Q. What is the difference between a ‘commencement date’ and an ‘effective date’?

Lecture 31 Q. Applicability of ‘privity of contract’ in case of guarantees

Lecture 32 Q. Can you suggest representations and warranties to safeguard service provider?

Lecture 33 Q. Can ‘payments due’ be set-off from liquidated damages claim?

Lecture 34 Q. What is the importance of defining relationship between the parties?

Lecture 35 Q. Tips on drafting of disputes clause

Lecture 36 Q. Can you elaborate on drafting of governing law clause?

Section 4: Module III | Drafting from Disputes perspective

Lecture 37 Identifying Dispute prone areas in a Contract

Lecture 38 Drafting tips for mitigating disputes

Lecture 39 Identifying Disputes during Executing a Transaction

Lecture 40 Risk Mitigation- Litigation

Lecture 41 To dos’ if the disputes arises

Lecture 42 Remedies for disputes arising out of contract

Lecture 43 Modes of Dispute Resolution

Lecture 44 Alternate Dispute Resolution (ADR) Mechanisms

Lecture 45 Litigation vs. Arbitration

Lecture 46 Liquidated Damages and Price Adjustments

Lecture 47 Fundamentals of Dispute Resolution Clauses

Lecture 48 Drafting: Disputes Clause

Lecture 49 Template: Disputes Clause

Lecture 50 Q. Can you share your experience on disputes in the covid era

Lecture 51 Q. Do you recommend mandating mediation in contracts?

Lecture 52 Q. Do you recommend a round of negotiation before going for Litigation

Lecture 53 Q. Can Arbitration clause be drafted to mandate digital pleadings?

Lecture 54 Q. Can PO be regarded as enforceable contract especially in light of stamp duty?

Lecture 55 Q. What’s your opinion on securities like bank guarantee, retention money etc.?

Lecture 56 Q. What is the importance of laying down a process of termination?

Lecture 57 Q. What is the importance of force majeure clause in light of COVID-19?

Lecture 58 Q. Can parties approach Indian court for foreign governing law contracts?

Lecture 59 Q. What is the process of rectifying insufficiency of stamping in a contract?

Lawyer,Law student,Business