Author: Kenneth A. Adams
Publisher: Amer Bar Assn
Release Date: 2013
A Manual of Style for Contract Drafting, Third Edition is a uniquely in-depth survey of the building blocks of contract language. First published in 2004, it offers those who draft, review, negotiate, or interpret contracts an alternative to the dysfunction of traditional contract language and the flawed conventional wisdom that perpetuates it. This manual has become a vital resource throughout the legal profession, in the U.S. and internationally. This manual's focus remains how to express contract terms in prose that is free of the archaisms, redundancies, ambiguities, and other problems that afflict traditional contract language. With exceptional analysis and an unmatched level of practical detail, Adams highlights common sources of confusion and recommends clearer and more concise alternatives. This manual is organized to facilitate easy reference, and it illustrates its analysis with numerous examples. Consult it to save time in drafting and negotiation and to reduce the risk of dispute.
Author: Kenneth A. Adams
Publisher: Amer Bar Assn
Release Date: 2008
Genre: Language Arts & Disciplines
"Here is the second edition of A Manual of Style for Contract Drafting, which has established itself as a proven resource for lawyers, contract administrators, and others who are called on to draft, review, negotiate, or interpret contracts." "This manual's focus remains not what provisions to include in a given contract, but how to express those provisions in prose that is free of the problems that often afflict contract language. With exceptional rigor and an unmatched level of practical detail, Adams highlights common sources of inefficiency, confusion, and dispute and recommends clearer and more efficient alternatives. This manual +s organized to facilitate easy reference, and it illustrates its analysis with copious examples."--BOOK JACKET.
Author: Tina L. Stark
Publisher: Wolters Kluwer Law & Business
Release Date: 2013-11-26
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
Author: Tina L. Stark
Publisher: ALM Publishing
Release Date: 2003
Educates lawyers and business professionals about the importance of boilerplate language. Each chapter of this book tackles a different contractual provision, and analyzes why it is important, what the key legal and business issues are, what is negotiable and what is not, and how best to draft the provision to suit a particular transaction.
Author: Robert A. Feldman
Publisher: Aspen Publishers Online
Release Date: 1999
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.
Author: Charles M. Fox
Publisher: Practising Law Institute
Release Date: 2002
Contract drafting is different from the other types of writing that a new lawyer is faced with. Law school contracts classes rarely consider the issues that arise in sophisticated commercial transactions. A new lawyer is therefore forced to learn by doing and observing -- in high-pressure 'on the job' training. Now there is help. Working with Contracts: What Law School Doesn't Teach You provides the beginning lawyer with an operative understanding of the vocabulary and the building blocks of contracts. It introduces the basic elements of all contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and addresses issues that arise in reviewing contracts, including due diligence issues. It also offers sample provisions, drafting checklists, and an expansive glossary of contract language and basic transactional practice.
Author: Ross Guberman
Publisher: Oxford University Press
Release Date: 2014-03-07
With Point Made, legal writing expert, Ross Guberman, throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture." Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply. In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.
Author: Richard Stim
Release Date: 2016-08-04
Genre: Business & Economics
Understand virtually any contract and sign on the dotted line with confidence. This is the first book to explain contract terms in language for the layperson. This indispensable A to Z guide covers: definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts. Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.
Author: Mark Anderson
Publisher: Bloomsbury Publishing
Release Date: 2016-09-28
This comprehensive coverage of practical contractual matters acts as a 'one-stop' shop for everyone who wishes to understand, or has to negotiate or draft, a commercial contract. It includes a guide to the common legal issues in negotiating and drafting contracts; an explanation of the structure and contents of a commercial contract; good and bad practice in drafting (and in using clear, modern English); the meaning of and use of commonly-used words, phrases and legal jargon; the formalities for creating and signing contracts; commentary on the use of electronic drafting and electronic signatures; and guidance on the interpretation of contracts. In addition to being fully revised and updated, it takes into account the changes brought about by new or amended law and practice. This edition also includes: a new introductory section covering the formalities of entering into contracts; a new section on best practice for contracts which are signed and sent by email among the parties (R (on application of Mercury Tax Group and another) v HMRC); revisions to existing sections and a new section dealing with the continuing dominance and onward march of Investors Compensation Scheme West Bromwich Building Society and Chartbrook Ltd v Persimmon Homes Ltd & another; implications of the Consumer Contracts Regulations 2013 and the Consumer Act 2015; and expansion of the chapter covering legal terms and lawyers' jargon. This book is essential reading for commercial lawyers, contract managers, and anyone involved in negotiating and drafting commercial contracts. [Subject: Commercial Law, Contract Law, Corporate & Business Strategy, Tort Law, Restitution Law]
Author: Michael R. Overly
Publisher: CRC Press
Release Date: 2012-12-18
Genre: Business & Economics
Even leading organizations with sophisticated IT infrastructures and teams of lawyers can find themselves unprepared to deal with the range of issues that can arise in IT contracting. Written by two seasoned attorneys, A Guide to IT Contracting: Checklists, Tools, and Techniques distills the most critical business and legal lessons learned through the authors’ decades of experience drafting and negotiating IT-related agreements. In a single volume, readers can quickly access information on virtually every type of technology agreement. Structured to focus on a particular type of IT agreement, each chapter includes a checklist of essential terms, a brief summary of what the agreement is intended to do, and a complete review of the legal and business issues that are addressed in that particular agreement. Providing non-legal professionals with the tools to address IT contracting issues, the book: Contains checklists to help readers organize key concepts for ready reference Supplies references to helpful online resources and aids for contract drafting Includes a CD-ROM with reusable checklists and complete glossary that defines key legal, business, and technical terms Costly mistakes can be avoided, risk can be averted, and better contracts can be drafted if you have access to the right information. Filled with reader-friendly checklists, this accessible reference will set you down that path. Warning you of the most common pitfalls, it arms you with little-known tips and best practices to help you negotiate the key terms of your IT agreements with confidence and ensure you come out on top in your next contract negotiation.
Author: Sue Payne
Publisher: Wolters Kluwer Law and Business
Release Date: 2011
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.
Author: Mindy Chen-Wishart
Publisher: Oxford University Press, USA
Release Date: 2015-03-19
Written by a leading contract lawyer with extensive teaching and research experience, Contract Law takes a unique approach to a complex subject. Chen-Wishart combines academic rigour with an innovative visual approach, presenting the law with diagrams, flowcharts and tables to provide you with a stimulating account of key principles and an engaging analysis of the complexities of contract law. Thought-provoking analytical features, such asthe 'Pause for reflection' and 'Counterpoint' boxes encourage you to actively and critically engage with the topics. The book is accompanied by a suite of online resources including downloadable diagrams from the book; animated versions of selected diagrams with audio commentary; guidance on answering the questions posed in the book; web links to key cases and legislation; updates; and two additional chapters onincapacity and illegality and public policy. Additionally, lecturers have access to a test bank of multiple choice questions.
This best-selling, classic text provides a clear and straightforward account of the basic rules of contract law, while also introducing current debates about the nature, scope and functions of the law and discussing wider controversies surrounding the basic doctrines. Praised by both lecturers and students, Contract Law is compact yet comprehensive, well-written, well-structured, stimulating and engaging. This twelfth edition has been fully revised and updated to reflect various developments in the law, and now also includes ‘Hot topic’ discussion boxes in most chapters. It is essential reading for all students taking undergraduate and GDL/CPE courses in contract law.