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Overview
Why you should attend
The reduction to writing of an agreed-upon understanding among parties can sometimes be viewed as a cursory step in formalizing a business relationship. Yet the manner in which concepts are expressed on a page is often as important as the concepts themselves. Solid contract-drafting skills are therefore essential tools to any professional who deals with transactions or business relationships. Unfortunately, although contract counterparties might have the best of intentions, many contracts - even those drafted by experienced attorneys and those relating to the most prominent of transactions - are plagued with ambiguities, inconsistencies, unintended imprecision, and “bloat” from unnecessary legalese, rendering them confusing, risky, and potentially very costly.
What you will learn
Select Concepts in Drafting Contracts 2014: Analyzing Ambiguities and Contract Boilerplate builds upon PLI’s immensely popular Fundamental Concepts in Drafting Contracts: What Most Attorneys Fail to Consider 2014.
The first half of this course will address various contract-drafting topics, including:
- A recap of basic and intermediate drafting concerns
- Formulas
- Attachments to contracts
- Ambiguity relating to modifiers and qualifiers
- Contract interpretation principles
The second half of the course will cover drafting issues relating to contract boilerplate, including provisions concerning the following topics:
- Parties, beneficiaries, and obligees (assignment and delegation, successors and assigns, third-party beneficiaries)
- Interpretation of a contract (amendments, waivers, merger/integration clauses, captions/headings)
- Enforcement of a contract (severability, governing law, forum selection, waiver of jury trial, remedies)
- Other common terms (force majeure, further assurances, transaction costs, notices, counterparts)