Drafting Commercial Contracts

ample Clauses, Drafting Workshops, Pointers to Drafting and Checklists

This is a Practical Interactive 2 Weeks Training Programme Designed to Develop Your Skills to Draft Clear and Concise Commercial Agreements.

This Comprehensive Two-Part Programme Focuses on Delivering Practical and Applied Training of the Key Drafting Skills. Draft clear and concise commercial agreements that meet the challenges of today’s commercial environment

This comprehensive two-part programme focuses on delivering practical and applied training of the key drafting skills needed to create transparent and direct contracts that deliver on a legal and commercial level.

Objectives
Be introduced to the drafting process including the figures & formula and the execution formalities
Get an overview of how forming a contract including creating a binding and enforceable agreement
Have explained to them the limitation and exclusion of damages
Be taught about how drafting warranties and indemnities
Have an overview of the termination and force majeure
Be taught about the boilerplate clauses

Who should attend

In-house legal counsel
Private practice lawyers
Contract managers
Legal advisors and consultants
Commercial Directors
Legal support
Finance directors and financial controllers
Managing directors
Business development managers

Summary
This intensive Drafting Commercial Contracts course will take the participant through the key steps in drafting successful commercial contracts to minimize legal and commercial risk in contracts. Most disputes are about the interpretation of a contract term. Disputes can be expensive, damage commercial relations and take up valuable management time, this course is designed to avoid potential disputes.

You will be taken through the structure of a contract, then the drafting process by introducing you to a framework that will be easy to adopt from the course onwards; also, how to analyze the meaning and impact of yours and counter party’s contract clauses.

You will be taken through the steps of what is needed to have a binding enforceable contract, and the way in which terms are categorized, such as express and implied terms, that is those terms that the law says are a part of the contract even though you did not insert them.

Sharing draft clauses and pointers to drafting you will be taken through critical and significant clauses that form a part of all commercial contracts, including the limitation and exclusion of damages, the regularly misunderstood and wrongly drafted warranties, and indemnities. Unless they are drafted carefully to certain rules they may not provide the remedies you think they do.

The Drafting Commercial Contracts course will look at commonly used terminology such as ‘Best Endeavours’ and ‘Reasonable Endeavours’ the duty they create and how to bring a contract to an end – the different options in your control and those beyond your control such as Force Majeure and Frustration.

Participants will be taken through key boilerplate terms with sample clauses and pointers to drafting to ensure that contracts are effectively performed and that rights and obligations are clear and effective to pre-empt disputes and minimize risk.

Throughout the course, the group will practice the drafting of clauses with feedback and coaching by the facilitator.

 


Location:

South Africa

Training Dates:


Training Schedule
Duration
1 Week
2 Weeks
3 Weeks
Month
Option A
Option B
Option A
Option B
Option A
January
13 - 17 Jan
27 Jan - 31 Jan
6 - 17 Jan
20 Jan- 31 Jan
13 Jan - 31 Jan
February
10 - 14 Feb
24 Feb - 29 Feb
3 - 14 Feb
17 Feb - 29 Feb
10 Feb - 29 Feb
March
10 - 14 Mar
23 - 27 Mar
2 - 13 Mar
16 - 27 Mar
9 - 27 Mar
April
6 - 10 Apr
20 - 24 Apr
30 Mar - 10 Apr
13 - 24 Apr
6 - 24 Apr
May
6 - 10 May
27 -31 May
29 Apr - 10 May
20 - 31 May
13 - 31 May
June
8 - 12 Jun
22 - 26 Jun
1 -12 Jun
15 - 26 Jun
8 - 26 Jun
July
6 - 10 Jul
20 - 24 Jul
29 Jun - 10 Jul
13 - 24 Jul
6 - 24 Jul
August
10 - 14 Aug
24 - 28 Aug
3 - 14 Aug
17 - 28 Aug
10 - 28 Aug
September
7 - 11 Sep
21 - 25 Sep
31Aug - 10 Sep
14 - 25 Sep
7 - 25 Sep
October
5 - 9 Oct
19 - 23 Oct
28 Sep - 9 Oct
12 - 23 Oct
5 - 23 Oct
November
9 - 13 Nov
23 - 27 Nov
02 - 13 Nov
16 - 27 Nov
9 - 27 Nov
December
7 - 11 Dec
14 - 18 Dec
30 Nov - 11 Dec
07 - 18 Dec
30 Nov - 18 Dec


Course Duration:

Unit Standard:

NQF Level:

Number of Credits:


Course Fees


Note: Please fill in the online application form on the left or bottom if this page to receive a quotation with detailed pricing from AATICD.

How to Apply:

To Apply Simply Fill in the Online Enquiries / Applications form on the Right Sidebar or Bottom of this website https://www.aaticd.co.za

NB:

When filling the online application form; please take note of your desired Training Month, Duration in Weeks and Training Session. This will give us the exact dates you will be attending your classes.

Also note that Tuition Fees must be paid upfront on or before training start date. This is to ensure that all resources are made availabe for you before you start. You will not be allowed into training if fees are not paid and verified.

Also note that Tuition Fees Cancellations must be made 14 business working days before the starting date of training. This will allow us to do a 50% refund of the total amount paid. If cancellations are made thereafter note that no refund will be made to delegates.

Tuition Fees include teas and lunch as well as either a laptop or tablet which a delegate will take home free of charge.

Tuition Fee DOES NOT include Accommodation, Dinners and other Extra Curricular Activities or Incidentals. Delegates are expected to fund this on their own. AATICD will not be held accountable for any incidents to delegates.

In-House Trainings are also available for 3 or more delegates for any duration. Please consult with our Administration for such In-House training bookings.


Course Outline

Introduction and Structure
Interpreting contract terms
Common law and civil law – differences – impact on the drafting
The authority of case-law
Certainty and clarity
Context of a contract
Rules of interpretation
Common terms and phrases
Special and technical meanings
Courts ‘canons of construction’
Mapping the commercial deal for the contract – examples
Tailor-made contract
Standard forms

The Drafting Process
6 W’s list
Key stages of the drafting process
Figures and formulae
Arnold v Britton
Execution formalities
Key issues to check for execution – the checklist

Forming a Contract
Creating a binding and enforceable agreement
Offer
Acceptance
Consideration
Intention to create legal relations
Certainty
Capacity
Formalities
Deeds

The terms of the contract
Express Terms
Oral Statements
Written Terms
Parol Evidence Rule
Implied Terms
By law
By custom and usage
By Statute – Sale of Goods Act, Unfair Contract Terms Act

Limitation and Exclusion of Damages
Indirect and consequential loss
Loss of profit
Excluding and limiting claims
Caps on liability
Positioning of clause
The special test for exclusion clauses
Checklist for Limitation and Exclusion Clauses

Drafting exercise
Split into groups and draft limitation clauses

Drafting Warranties and Indemnities – Sample and Checklist
Warranty
Guarantees
Indemnities
Trigger event
Losses covered by indemnity
Limitations
Conduct of third-party claims
Representations
Best endeavors
Reasonable endeavors
Workshop – Participants will divide into groups and clarify the distinctions between these contractual remedies and the significant impact on drafting.

Termination, Force Majeure
Triggers
Process
Consequences
Effect on other rights
Breach of contract
Force Majeure
Drafting a termination clause – checklist
Drafting a Force Majeure clause – checklist

Boilerplate Clauses
Why you should not “cut and paste”
Agency/Partnership
Assignment and sub-contracting
Conflicts of language
Costs
Counterparts
Entire agreement
Insolvency and bankruptcy
Communication notices
Publicity
Set off
Severance clause
Time of the essence
Waiver

Drafting exercise
Split into groups and draft clauses
Clinic