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Description

In the past few years, we have not only seen the number and size of commercial transaction increasing but with such increase and rapidly changing environment, the complexity of such transactions have also been increasing. This has become all the more prevalent with events like the current pandemic of COVID-19 & lockdown that has mandated the lawyers to re-visit their understanding and skills of drafting commercial contracts. Since every business transaction is governed by contracts and agreements, it has become necessary that contracts be aligned with business requirements as well as with the changing environment. Negotiating and drafting commercial contracts has always been an indispensable part of any business transaction and forms the basic but a major part of an acquired skill set for law students and lawyers. Legal Professionals are required to be well versed with the drafting techniques and expertise to foresee the risk and handle it in the best interest of their organizations.
This masterclass will introduce you to the lifecycle of typical commercial transactions followed by focused learning on drafting and analyzing critical provisions in commercial agreements and will guide you to improve your negotiating skills. This training will also train you to advise your client to reduce exposure and avoid litigation by being fully conversant with the knowledge, skills, and strategies in ensuring that the contracts are well negotiated, properly drafted, and managed.
#getskilled #gethired #upskill
Who this course is for:
Lawyer
Law student
Business

What you'll learn

Understanding of typical life-cycle of corporate transactions

Learn to draft watertight commercial contracts

Managing breach and termination of contracts

Drafting and negotiating alternative dispute resolution clauses

Effective risk control measures to minimize legal exposure and avoid disputes

Requirements

  • You will need a copy of Adobe XD 2019 or above. A free trial can be downloaded from Adobe.
  • No previous design experience is needed.
  • No previous Adobe XD skills are needed.

Course Content

27 sections • 95 lectures
Expand All Sections
1-Masterclass Into & Instructions
2
1.1-Masterclass Info
1.2-Masterclass Instructions
2-Module I
1
Fundamentals: Commercial Transactions
2.1-Introduction to Corporate Transactions;2.2-Commercial Transaction- Meaning;2.3-Creation of formal contract – From an LOI or MoU;2.4-Overview: Lifecycle of Typical Commercial Transaction;2.5-Formation of Enforceable Agreements;2.6-Explained: Enforceable Contract;2.7-Void Contract;2.8-Q. What is the difference between MoU and LOI?;2.9-Q. Are oral contracts valid & enforceable?;2.10-Q. Can emails be construed as a valid contract?;2.11-Q. What is the importance of stamp duty in executing enforceable contract?;2.12-Q. Is a contract on a letter-head of a company valid?;2.13-Q. Can certain clauses of a contract be enforced in isolation of other clauses?;2.14-Q. Is non-compete clause enforceable?;2.15-Q. What is the difference between damages and indemnity?;2.16-Q. Drafting of contract via-a-vis alternate modes of dispute resolution;2.17-Q. Is dream11’s services legal and can it be construed as gambling?;2.18-Q. What is reps (representation) and warranty in a contract?;2.19-. Can a contract be construed void because of inadequate consideration?
1
3-Module II
Drafting of Commercial Contracts
15
3.1-Drafting a Commercial Contract
3.2-Drafting: Introductory Clause
3.3-Drafting: Recitals & Definition
3.4-Drafting: Operative Clauses
3.5-Risk Allocation in Commercial Contracts
3.6-Template: Memorandum of Understanding (MoU) with Drafting Notes
3.7-Template: Supply Agreement (Cross-border) with Drafting Notes
3.8-Q. Are recitals binding in nature?
3.9-Q. What is the difference between a ‘commencement date’ and an ‘effective date’?
3.10-Q. Applicability of ‘privity of contract’ in case of guarantees
3.11-Q. Can you suggest representations and warranties to safeguard service provider?
3.12-Q. Can ‘payments due’ be set-off from liquidated damages claim?
3.13-Q. What is the importance of defining relationship between the parties?
3.14-Q. Tips on drafting of disputes clause
3.15-Q. Can you elaborate on drafting of governing law clause?
4-Module III
1
Drafting from Disputes perspective
4.1-Identifying Dispute prone areas in a Contract;4.2-Drafting tips for mitigating disputes;4.3-Identifying Disputes during Executing a Transaction;4.4-Risk Mitigation- Litigation;4.5-To dos’ if the disputes arises;4.6-Remedies for disputes arising out of contract;4.7-Modes of Dispute Resolution;4.8-Alternate Dispute Resolution (ADR) Mechanisms;4.9-Litigation vs. Arbitration;4.10-Liquidated Damages and Price Adjustments;4.11-Fundamentals of Dispute Resolution Clauses;4.12-Drafting: Disputes Clause;4.13-Template: Disputes Clause;4.14-Q. Can you share your experience on disputes in the covid era;4.15-Q. Do you recommend mandating mediation in contracts?;4.16-Q. Do you recommend a round of negotiation before going for Litigation;4.17-Q. Can Arbitration clause be drafted to mandate digital pleadings?;4.18-Q. Can PO be regarded as enforceable contract especially in light of stamp duty?;4.19-Q. What’s your opinion on securities like bank guarantee, retention money etc.?;4.20-Q. What is the importance of laying down a process of termination?;4.21-Q. What is the importance of force majeure clause in light of COVID-19?;4.22-Q. Can parties approach Indian court for foreign governing law contracts?;4.23-Q. What is the process of rectifying insufficiency of stamping in a contract?
1
5-Practice Test
5.1-Practice Test - MCQ
0