Drafting Commercial Contracts

A practical interactive two-day In-house programme designed to develop your legal and contracts teams skills in drafting clear and concise commercial agreements

In-house Training Services and Consultancy

All legal disputes are founded in the interpretation of written contracts; they are one of the largest causes of costly commercial litigation. Clarity and fair constructions are the key to a successful commercial agreement, and quick and reasonable dispute resolution, if dispute should arise.

With this in mind, this In-house training is a comprehensive two-part programme which 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.

  • Part I: Drafting Commercial Contracts focuses on developing a robust structure and formation to your contracts and expanding your drafting skills to deliver concise and watertight agreements.
  • Part II: Drafting Legal Clauses looks in more detail at the more complex clauses and how they can be drafted and applied to leverage commercial value and manage legal risk.

By running this In-house programme your team will:

  • Get-to-grips with payments and interest terms to understand how penalties can be applied
  • Expand their knowledge of the risk of drafting a contract without a confidentiality clause
  • Master practical drafting techniques to write concise and effective agreements
  • Examine special contractual arrangements and letters of intent
  • Learn how to interpret variations and time of essence clauses
  • Clarify the distinction between ‘best endeavours’ and ‘reasonable endeavours’ – essential terminology in commercial contracts
  • Get up-to-date with the use and drafting of contractual warranties and indemnities
  • Understand the effect of exclusion and limitation clauses and how they can be used to manage your exposure

Sample programme

PART 1 – Drafting, Structure and Formation of Contracts

Contract interpretation

How do you form a contract? Part 1 & Part 2

Commercial contract format and structure

Practical exercise
Examing a sample agreement

Ancillary documentation and contracts

Terms: implied, express and standard – Part 1 & Part 2

Drafting techniques – Part 1: the easy but not well-known stuff

Practical exersise
Modern drafting

Drafting techniques – Part 2: the hard stuff and not well-known stuff

Exclusion and limitation clauses

Liability clause eersise
Homework: a real case

PART 2 – Drafting Legal Clauses

Introduction to boilerplate

Transferring contractual rights and obligations

Welded Boilerplate

Payments and interest

Confidentiality clauses

Term and termination; entire agreement clauses; governing law, jurisdiction and dispute resolution clauses (77)

Anglicisation

Recommened trainer

Mark Weston is a partner at Hill Dickinson having joined the firm on 1st February 2016 as Head of Information Technology, Intellectual Property and Commercial (London). Mark joined the firm from Matthew Arnold & Baldwin LLP where for 12 years he was a partner and Head of the Commercial, Intellectual Property and Information Technology Group, before which he spent several years at Baker & McKenzie. Mark’s practice covers both non-contentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, electronic commerce and on-line services law. He specialises in commercial and tech issues.

He has extensive experience in-house, having been seconded in the past to Hewlett Packard and new technology companies. His practice covers all sorts of commercial areas (including franchising) as well as extensive IT niches including advising clients regarding hardware and software issues (including SaaS, cloud, development, licensing, maintenance and distribution), solutions for and methods of transacting on the Internet, electronic commerce, including B2B, B2C and B2G, S-commerce and M-Commerce, social media, strategies to minimise or maximise liability and carry out compliance audits, outsourcing, facilities management, procurement, company IT policies and data protection (privacy) issues. He also has experience in IT litigation (and different alternative dispute resolution techniques).

Mark is Chairman of the Society for Computers & Law (North London and Home Counties Region), Chairman of the Intellectual Property Interest Group of Lawnet and is a premier member of the Eurojuris Intellectual Property Panel. Mark writes various books on his specialist topics and is an editor and contributor of several publications and articles and lectures at numerous commercial, IP and IT related conferences and training programmes.

Finally, Mark appears regularly on BBC1 (usually providing advice on-screen to BBC Watchdog) and also on Sky News as a legal commentator.