prospen.co.za

ProspenAfrica | Training and Consulting Services Provider

5 Day Training

Dates: 24 – 28 June 2024

Locations: Johannesburg, South Africa

Platform: Available In-Class / Online

Price: Available on request

This is a non-Accredited course.

Course Introduction

Contract drafting is a foundational skill for lawyers and a critical competency for business professionals. Effective contract drafting facilitates smooth transactions and minimizes disputes. Conversely, poor drafting can leave vulnerabilities that lead to litigation. Regardless of your role—be it businessperson, consultant, or lawyer—it’s essential to understand the intricacies of the contracts your business is entering. Mastery of negotiating skills coupled with an understanding of the nuances of various contract types can significantly benefit your business dealings.

Course Objectives

The objectives of this Commercial and Business Contract Drafting training course include enabling professionals to:

  • Gain a solid grasp of commercial contract law.

  • Acquire hands-on drafting skills to create precise and effective agreements.

  • Review and assess special contractual arrangements and intents.

  • Validate the legal principles that underpin the formation of contracts.

  • Craft clear, well-structured documents, such as contracts, with proper language and risk management elements.

  • Employ successful negotiation techniques within commercial contracting.

Personal Benefits

Participants of this course will:

  • Understand the risks associated with omitting clauses like confidentiality.

  • Recognize the consequences of poor contract drafting through practical exercises led by experts.

  • Share and explore disputes or issues with peers from diverse organizations for broader insights.

  • Learn the value of applying a consistent structure and format to contracts.

  • Comprehend the use of clauses like variations and time of essence.

  • Differentiate between terms such as ‘best endeavours’ and ‘reasonable endeavours’ commonly used in commercial contracts.

  • Critically review and improve their professional practices in contract drafting and management.

Who should attend?

This course is ideal for:

  • Lawyers and legal practitioners

  • Business entrepreneurs

  • Government officials and public-private partnership project officers

  • Corporate in-house legal teams

  • Personnel from central and state government bodies

  • Public Sector Undertakings (PSUs)

  • Independent litigators

  • Sales and contract managers

  • Project managers and engineers

  • HR and finance professionals

  • Any professional involved with contractual agreements

Training methodology

Training Methodology

Our diverse instructional approaches ensure effective learning:

– Lectures & Presentations: Engage with expert-driven, stimulating content.
– Course Material: Access well-crafted supporting resources.
– Group Work: Collaborate on discussions and case studies for practical insights.
– Workshops & Role-Play: Participate in immersive, scenario-based activities.
– Practical Application: Focus on applying theoretical knowledge in real situations.
– Post-Training Support: Receive extensive support after training for skill implementation.

Training Outline

Module 1: Contract Planning

  • Addressing multi-jurisdictional challenges in contracts.

  • Identifying and strategizing for specific contractual risks.

  • Concentrating on essential terms and conditions.

Module 2: Building Contract Foundations

  • Risk management strategies for contract creation.

  • Clarifying roles and responsibilities in contract development.

  • Techniques for effective stakeholder engagement.

Module 3: Mastering the Drafting Process

  • Developing a systematic approach to drafting.

  • Detailed drafting stages including research and review.

  • Structuring contracts effectively.

  • Understanding defined terms and principal sections.

  • Utilizing boilerplate provisions and language styles.

Module 4: Advanced Clause Development

  • Techniques for structuring clauses.

Module 5: Drafting Techniques

  • Strategies for clear, concise drafting.

  • Eliminating jargon and unnecessary verbiage.

  • Appropriate use of grammar and syntax.

  • Deciding between active and passive voice.

  • Correct punctuation and other drafting best practices.

Module 6: Nuances of Contractual Language

  • Interpreting concepts such as ‘good faith’ and various types of ‘endeavours.’

Module 7: Principles of Contract Interpretation

  • Principles of interpreting contractual terms.

  • Understanding the impact of recent legal judgments on contract drafting.

Module 8: Risk Management in Contracting

  • Risk identification, assessment, classification, quantification, and monitoring in the context of contracts.

Module 9: Applied Learning

  • Case studies and practical exercises in contract drafting to reinforce the concepts learned.

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