Course Overview
Contracts are the foundation of all commercial partnerships, and they have a role in every aspect of a business. Whether they are involved in the development of a large new asset or the delivery of products and services, all members of an organisation must understand how contracts work. Drafting and Negotiating Contracts is a topic that covers the principles, tactics, and strategies involved in contract negotiation and drafting. It concentrates on contract structure, substance terms, and how to construct them. It also covers legal etiquette such as attestation, registration, notarization, and stamping. Contracts that are well-written and comprehensive are essential to the success of any organisation. Drafting and negotiating are the two key components that make up the process of putting up a contract. A solid foundation for every commercial transaction may be laid by a legally binding contract that has been carefully negotiated after being meticulously created.
Course Objectives
- To develop skills for the creation of strategies and tactics used in negotiation
- To highlight different types of contract structures and contractual provisions
- To implement efficient methods for drafting business contracts
- To determine the most efficient method for resolving contractual disputes
- To master the art of efficiently negotiating the contracts
- To develop contract drafting skills
- To develop skills for contract negotiation
- To understand the essentials of concise contract writing
Training Methodology
- Expert lectures and interactive sessions
- Discussion of a theoretical overview of contract writing
- Application of theory in the context of practical activities
- Incorporating genuine scenarios, such as real-life contracts
- Individual and group activities
- Problem-solving
- Group discussions addressing current practises
Organisational Benefits
- The organisation will profit from candidates’ better-contracting abilities
- Effective contract management leads to better company results via improved negotiating
- Conflicts may be avoided or resolved more effectively with the use of trained procedures
- Stakeholders in the organisation will have more information about the legal standing of business relationships, contracts, and other rights
- The absence of contract disputes and litigation will prove beneficial to any organization
- Preventing misunderstanding of messages and agreements will save organizational resources in terms of money and time
Course Outline
Contract Formation and Contract Risk Management
- The Concept of Building Blocks
- Areas of Responsibility
- Variations
- Damages as a Result
- Material Breach/Breach
- Damages that have been liquidated
- Contract Law’s Fundamental Policies and Values
Service Level Agreements
- An overview of service level agreements
- Measurement of effective service-based provision
- Performance-based measures
Developing Clear and Concise Contracts
- Creating the contract’s front page
- Clauses that begin with and lead into
- Putting Together Definitions
- Contractual Terminology
Preparing for Negotiation
- Finding the deal’s true motivation
- Concerns Anticipation
- Verifying Local and Federal Regulations
- Keeping a track of potential liabilities
- Assessing the risks involved
- Keeping a term sheet
Approach to Negotiation Skills
- Negotiation Elements
- Why Do Negotiations Go Bad?
- Re-negotiation of a Concluded Contract
- Successful Negotiation Factors
- Negotiation Techniques
The Most Important Aspects of Drafting
- Getting to Know the Goal
- The Counter-Information Party’s
- The Ecological System
- General Terms and Conditions
- Creating the Different Clauses
- Agreements that are both binding and non-binding
- Warm-up exercises with some basic papers
- Difference between a sole proprietorship and a corporation
- Understanding what a Consortium is and what it does.
- Extensive research
Interpretation of Contracts
- Understand how contracts are read when they are unclear.
- The significance of document priority
- Capstone project