Negotiating and Drafting Contract Boilerplate


Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Category: Law
Page: 675
View: 2194

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This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.

Drafting and Negotiating Commercial Contracts


Author: Mark Anderson,Victor Warner
Publisher: Bloomsbury Publishing
ISBN: 1784512664
Category: Commercial law
Page: 378
View: 9289

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Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts.This book includes:- A guide to the common legal issues in negotiating and drafting contracts- An explanation of the structure and content of a commercial contract- Good and bad practice in drafting (and in using clear, modern English)- The meaning and use of commonly-used words, phrases and legal jargon- The formalities for creating and signing contracts- Guidance on the interpretation of contracts- Steps to take, and what to check for in a contract to eliminate errors (including lists of what to check for in different situations)- Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents- Drafting and legal issues when contracting with consumersThe Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation.Drafting and Negotiating Commercial Contracts, Fourth Edition is for everyone who wishes to understand, or has to negotiate or draft, a commercial contract. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.

Drafting Contracts

How and Why Lawyers Do What They Do
Author: Tina L. Stark
Publisher: Wolters Kluwer Law & Business
ISBN: 1454829052
Category: Law
Page: 576
View: 3003

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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

A Manual of Style for Contract Drafting


Author: Kenneth A. Adams
Publisher: American Bar Association
ISBN: 9781590313800
Category: Language Arts & Disciplines
Page: 253
View: 6861

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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.

Non-Legality in International Law

Unruly Law
Author: Fleur Johns
Publisher: Cambridge University Press
ISBN: 1107014018
Category: Law
Page: 259
View: 9142

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Shows how international lawyers make non-law (extra-legal, illegal and other non-legal phenomena) and why this matters in global politics today.

Negotiating Business Transactions

An Extended Simulation Course
Author: Daniel D. Bradlow,Jay Gary Finkelstein
Publisher: Wolters Kluwer Law & Business
ISBN: 1454838388
Category: Law
Page: 350
View: 7191

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The only offering of its kind, Negotiating Business Transactions: An Extended Simulation Course contains facts and contextual materials, negotiating instructions for each side, and background readings on all aspects of the transaction. The text is an introduction to both negotiations and transactional legal practice, and meets the ABA practical skills requirements. By bringing a business deal into the classroom, the text helps students study objectives, structures, and strategies and learn by doing in a setting where mistakes become lessons--not malpractice. The text enables students to develop negotiating and drafting skills as they experience the ""real time"" challenges of negotiating deals. Students explore the interaction between business and legal issues in the context of structuring those deals. Then, they can apply what they have learned to produce a solution that meets the client's objectives and is acceptable to the counterparty. Finally, by understanding the social and environmental impacts of business transactions, students can more fully explore issues of professional responsibility in negotiations. Student response has been consistently and overwhelmingly positive. Features: meets ABA practical skills requirements contains simulation materials facts and contextual materials negotiating instructions for each side background readings on all aspects of the transaction introduction to both negotiations and transactional legal practice brings a business deal into the classroom to study objectives, structures and strategies an opportunity to learn by doing in a setting where mistakes are lessons, not malpractice enables students to: experience the ""real time"" challenges of negotiating a business deal explore the interaction between business and legal issues in the context of negotiating and structuring a business deal apply legal knowledge to produce a business solution that meets the client's objectives and is acceptable to the counterparty develop negotiating and drafting skills understand the social and environmental impacts of business transactions examine professional responsibility issues in negotiations student response is consistently and overwhelmingly positive syllabus alternative class formats sample lecture outlines for issues raised by the simulation sample PowerPoint slides debriefing issues

A Practical Guide to Software Licensing for Licensees and Licensors

Analyses and Model Forms
Author: H. Ward Classen
Publisher: American Bar Association
ISBN: 9781590318492
Category: Computers
Page: 651
View: 9446

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This new Second Edition updates its first edition published in 2005 by examining the fundamental issues that both licensors and licensees confront in the negotiation of a software license. This resource is accompanied by and cross-referenced to an annotated software license. A detailed index and companion CD-ROM is also included for customization of the software license and related forms.

Settlement Agreements in Commercial Disputes

Negotiating, Drafting & Enforcement
Author: Richard A. Rosen
Publisher: Aspen Publishers Online
ISBN: 073551478X
Category: Law
Page: 2016
View: 312

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With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives.

Münchener Vertragshandbuch

Gesellschaftsrecht / hrsg. von Martin Heidenhain ; Burkhardt W. Meister. Bearb. von Daniela Favoccia .... Bd. 1
Author: Daniela Favoccia
Publisher: N.A
ISBN: 9783406608902
Category: Contracts
Page: 2027
View: 1005

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Rechtssoziologie


Author: Niklas Luhmann
Publisher: Springer-Verlag
ISBN: 3322956997
Category: Social Science
Page: 388
View: 8051

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Inhalt: Klassische Ansätze zur Rechtssoziologie - Rechtsbildung: Grundlagen einer soziologischen Theorie - Recht als Struktur der Gesellschaft - Positives Recht - Sozialer Wandel durch positives Recht - Rechtssystem und Rechtstheorie.

Basic Contract Drafting Assignments

A Narrative Approach
Author: Sue Payne
Publisher: Wolters Kluwer Law & Business
ISBN: 1454831766
Category: Law
Page: 448
View: 3756

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Basic Contract Drafting Assignments: A Narrative Approach is a unique supplement of contract drafting exercises designed to be used with any contracts or drafting course book. Instructors who want to incorporate drafting exercises into the classroom experience will find an invaluable asset in his supplement, which provides students with the tools necessary to develop skills that can be applied to various types of advanced transactional work. Divided into four interest-catching sequences, this concise paperback takes a narrative approach, and gives students the opportunity to learn by doing: The first assignment in each sequence introduces the clients, their businesses, and their needs. In the second and third assignments those clients evolve and grow, and their business needs change. Each sequence features assignments of varying lengths and types, including gathering information, interviewing the client, outlining the issues that need to be considered from both sides of the table, and drafting the necessary memos, letters, and final contract. The assignments focus on methodologies in four areas: How to conceptualize in writing the parties rights, duties, risks, and protections. How to organize a contract on both the macro and the micro levels. How to draft for clarity and enforceability. How to express boilerplate terms. Additional resources for students and instructors include: Entertaining and informative appendices, among them What Deal Lawyers Say to Each Other: A Dictionary of Contract Negotiation and Drafting Slang Ten Tips for Interviewing a Client about a Transaction Decoding the Comments on Student Contracts: Some Samples with Illustrations Basic Contract Drafting Assignments will augment and enhance any book you are currently using by providing a wealth exercises that will help students learn real-world drafting techniques and skills.

SMU Law Review

A Publication of Southern Methodist University School of Law
Author: N.A
Publisher: N.A
ISBN: N.A
Category: Law
Page: N.A
View: 5406

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Geben und Nehmen

Warum Egoisten nicht immer gewinnen und hilfsbereite Menschen weiterkommen
Author: Adam Grant
Publisher: N.A
ISBN: 9783426301166
Category:
Page: 448
View: 1412

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Boilerplate Clauses, International Commercial Contracts and the Applicable Law


Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Category: Law
Page: N.A
View: 4114

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With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Forms and Substance

Specialized Agreements for the Construction Project
Author: Michael Tarullo,Carina Y. Ohara
Publisher: American Bar Association
ISBN: 9781590317396
Category: Law
Page: 703
View: 5810

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Drafting Effective Contracts

A Practitioner's Guide
Author: Robert A. Feldman,Raymond T. Nimmer
Publisher: Aspen Publishers Online
ISBN: 0735503761
Category: Law
Page: 1466
View: 8250

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The professionaland’s favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process and—from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. By Robert A. Feldman and Raymond T. Nimmer A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contractand— giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract processand—from conducting the initial client meeting to closing the deal. Youand’ll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how theyand’re assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements and—such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then youand’ll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.