A Practical Guide To Drafting Contracts

From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts

Drafting and Analyzing Contracts (called Drafting Contracts in its first two editions) is organized around the topics that are studied in the first year Contracts course. The purpose of this book is to apply the principles of contract law to the drafting of agreements. Each chapter discusses the substance of contracts as applied to drafting and suggests language that may be employed to accomplish the purpose. Drafting and Analyzing Contracts uses drafting to: exemplify the principles of contract law illustrate the principles in a planning context develop the skills of a lawyer Part I (How the Principles of Contract Law are Exemplified in Drafting) contains 14 chapters that illuminate the substantive law. For example: Chapter 7 demonstrates the problems that can arise from ambiguity and how to cure them; and Chapter 10 makes clear how drafters can use the concepts to accomplish different goals. Part II (How the Principles of Drafting are Exemplified in Contracts) teaches techniques for contact drafting, including Drafting in Plain Language and Drafting with a Computer. Part II reinforces the substantive law and is particularly useful for classes that teach drafting. New in this edition is Part III (How to Read and Analyze a Contract). Attorneys rely on forms and models and often employ form contracts where there is no opportunity for drafting. Therefore, attorneys must first read a contract before drafting or explaining it to a client. Students who follow the "5 passes" process for reading contracts will develop and deepen their analytical skills. A thorough Teacher's Manual (available only to professors) provides guidance on teaching drafting, commentary on all parts of the book, solutions to all the problems, additional problems, and a bibliography.

Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed: - HIPAA- The Gramm-Leach-Bliley Act- The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers

Drafting Contracts - A Practical Guide to Transactional Practice, authored by Ben L. Fernandez is a brief but comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. Ben L. Fernandez currently teaches Legal Drafting to students at the University of Florida Levin College of Law. Before he went into teaching, he gained extensive experience practicing in this area. He has densely packed this concise text with valuable practice information, insights and tips. This latest book on contract drafting contracts covers more topics and has much more practical information than other texts on this subject. Issues discussed include: Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal) Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may") Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references) Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties) Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions) Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks) Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits) Drafting with Precedent Language and Documents (putting a document together from sample provisions) Tailoring Form Documents (revising a complex form document) Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions) Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal) Closing the Deal (closing agendas, verifying signature authority) Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact) Drafting a Contract Amendment (sample form for amendments) Using Computers to Draft Contracts (document assembly programs, on line execution, artificial intelligence) Drafting Contracts also contains numerous sample contract provisions, as well as helpful charts and checklists, and exercises and sample answers on drafting a contract from scratch and tailoring and revising a complex form agreement. Drafting Contracts - An Introduction to Transactional Practice by Ben L. Fernandez is an essential guide for any law student or novice attorney interested in contract drafting and transactional practice.

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.

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

Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.

Practical Tips on How to Contract is a collection of 91 insightful tips for lawyers and professionals who want to improve how they draft and negotiate contracts. In each tip, Laura shares what she learned over her career at top law firms and technology companies. Her approachable writing style and practical explanations make these tips easy to understand and implement. This book can benefit everyone, whether they are new to contracts or have been working with them for years.Topics include advising clients, assignment, buying and selling goods, confidentiality and NDAs, contract structure and formation, damages, definitions, disputes, drafting, governing law, indemnification, intellectual property, negotiation, price and payment, purchase orders, risk, termination, title and risk of loss, training, working with contracts, and other inspiration.