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.

 

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Location:

South Africa

Training Dates:

Each course starts every Monday of each week. Please book your training on a date that is a Monday.

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: Terms and Conditions for Payment and Refunds

1.1. Full payment for the training workshop must be made at least 5 days before the scheduled workshop date.

1.2. Payment can be made via bank transfer, credit card, or any other agreed-upon method.

1.3. A confirmation of payment will be issued upon receipt of funds.

1.4. Any form of Payment means that trainee / delegate / client receiving the training accepts the training and agrees to these terms and conditions.

2. Cancellation and Refund Policy

2.1. Cancellations made 30 days or more before the workshop date will be eligible for a full refund, minus any administrative fees.

2.2. Cancellations made 15 to 29 days before the workshop date will be eligible for a 50% refund of the total payment.

2.3. Cancellations made less than 14 days before the workshop date will not be eligible for a refund.

2.4. Participants who fail to attend the workshop without prior notice will not be eligible for a refund.

3. Rescheduling

3.1. If a participant wishes to reschedule, a request must be submitted at least 14 days in advance, subject to availability.

3.2. A rescheduling fee may apply.

4. Workshop Cancellation by the Organizer

4.1. AATICD reserves the right to cancel or reschedule the workshop due to unforeseen circumstances, including but not limited to low enrolment, trainer unavailability, or force majeure events.

4.2. In the event of cancellation by AATICD, participants will be offered a full refund or the option to attend a rescheduled session.

4.3. AATICD is not responsible for any additional costs incurred by participants, such as travel or accommodation expenses.

5. Refund Processing

5.1. Approved refunds will be processed within 7 business days from the date of cancellation approval.

5.2. Refunds will be issued using the original payment method unless otherwise agreed.

6. Contact Information

For any questions regarding payments and refunds, please contact us at:

Email: apply@aaticd.co.za

Phone: +27 73 016 5042

By registering for the workshop, participants agree to abide by these terms and conditions.

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.

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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