An Introduction to English Contract Drafting
This course provides an in-depth introduction to the art and science of contract drafting. It equips participants with the fundamental knowledge and practical skills necessary to effectively draft commercial contracts. Through a combination of theoretical concepts and clause examples, participants will learn how to navigate the intricacies of contract drafting, ensuring clarity, precision, and legal enforceability. The course focuses on key modules such as drafting obligations, contract drafting rules, and boilerplate clauses.
This course has been designed by practicing lawyers who regularly draft commercial contracts in the English language.
Students should have a solid grasp of contractual principles, such as offer, acceptance, consideration etc.
By the end of the course, participants will have gained a solid foundation in contract drafting, enabling them to confidently create well-structured, legally sound commercial contracts that accurately reflect the parties’ intentions and protect their interests.
The Introduction to Contract Drafting Course is designed for individuals who are seeking to enhance their knowledge and skills in contract drafting. The course is suitable for:
- Legal Professionals: Lawyers, attorneys, and legal practitioners who want to strengthen their contract drafting skills or refresh their knowledge on the latest practices and techniques.
- Contract Managers: Professionals responsible for managing contracts within their organizations, including contract administrators, procurement specialists, and contract coordinators, who wish to improve their contract drafting abilities and ensure legal compliance.
- Business Owners and Entrepreneurs: Individuals involved in starting or running their own businesses who recognize the importance of well-drafted contracts for establishing clear rights, obligations, and protections.
- Corporate Executives: Managers, directors, and executives who regularly engage in contract negotiations and require a comprehensive understanding of contract drafting to ensure the company’s interests are properly represented.
- Professionals in Related Fields: Individuals working in finance, real estate, construction, technology, consulting, or any industry where contracts play a vital role and who seek to enhance their contract drafting skills to protect their organizations’ interests.
- Students and Graduates: Law students or recent law graduates who wish to gain practical knowledge and skills in contract drafting to supplement their academic studies or enhance their employability.
- Professionals Transitioning into Contract Management: Individuals transitioning into contract management roles or seeking to expand their career opportunities in the legal field and contractual environments.
COURSE LEARNING OUTCOMES
Following completion of this course, students will be in a position to:
Unit 1: An Introduction to English Commercial contracts
- Understand the nature of contracts
- Understand the sources of contract law
- Understand the difference between express and implied contracts
- Appreciate the importance of contract drafting on commercial transactions
- Understand the impact of contract formation on contract drafting
- Appreciate the role of negotiated terms and their incorporation into the contract
- Understand the importance of establishing parties intentions
- Understand the consequences of a badly drafted contract
Unit 2: Writing obligations in a contract
- Understand the typical structure of a commercial contract
- Identify the must haves, should haves, useful to have and don’ts in contract drafting
- Prepare to draft a contract
- Understand the effect of implied terms on a written contract
- Appreciate the importance and how to customize the contract to the client
Unit 3: The Contract Drafting rules
- Be able to order and write the information in the clause
- Understand the modern rules of contract drafting
- Understand the purpose of using simple plain English and the modern techniques for clarity.
- Avoid using legalese.
- Understand the rules of interpretation and use them when drafting English contracts
- Understand the role of prepositions when drafting a contract
- Use punctuation appropriately in a contract
- Understand the difference between parallel phrasing and non-parallel phrasing
Unit 4: Drafting Boilerplate clauses
- Understand the role of boilerplate clauses
- Understand the importance of boilerplate clauses
- Appreciate the importance of tailoring boilerplate clauses and understand the disputes that may be caused.
- Identify the typical boilerplate clauses and review clauses.
- Use a boilerplate drafting checklist when drafting boilerplate clauses in a commercial contract.
1The European Legal Training Centre is dedicated to providing high-quality training to qualified and prospective lawyers at all stages of their legal education. We offer continuing legal education by lawyers for lawyers. The expert team consists of university academics and practicing lawyers with wide-ranging, cross-jurisdictional experience in legal practice, litigation, corporate law and academic legal education. The ELTC has been accredited by European Bar Associations to provide training relating to the continuous professional development of lawyers in Europe. ELTC has also been accredited by prestigious legal education centres in the UK and Europe.