Drafting Contracts: How and Why Lawyers Do What They Do / Edition 2

by Tina L. Stark

Overview

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

 

Product Details

ISBN-13:	9780735594777
Publisher:	Wolters Kluwer Law & Business
Publication date:	11/26/2013
Series:	Aspen Coursebook Series
Edition description:	Second Edition, New Edition
Pages:	600
Sales rank:	1,021,933
Product dimensions:	8.50(w) x 10.70(h) x 1.40(d)

Table of Contents

Preface

PART 1. Translating the Business Deal into Contract Concepts
• A Few Words about Contract Drafting and This Book
• The Building Blocks of Contracts: The Seven Contract Concepts
• Translating the Business Deal into Contract Concepts: Part 1 (Representations and Warranties & Covenants and Rights)
• Translating the Business Deal into Contract Concepts: Part 2 (Conditions, Discretionary Authority, and Declarations) PART 2. Drafting a Contract's Parts
• A Contract's Parts
• The Introductory Provisions: Preamble, Recitals, and Words of Agreement
• Definitions and Defined Terms
• Action Sections
• Representations and Warranties
• Covenants and Rights
• Conditions to an Obligation
• Discretionary Authority and Declarations
• Will and Shall
• Drafting the Contract Concepts: A Summary Chart
• Endgame Provisions
• General Provisions
• Signature Lines PART 3. Drafting Clearly and Unambiguously
• Legalese
• Clarity through Format
• Clarity through Sentence Structure
• Ambiguity
• Numbers and Financial Provisions
• A Potpourri of Other Drafting Considerations
• Deconstructing Complex Provisions PART 4. Drafting from the Client's Perspective
• Adding Value to the Deals PART 5. Putting a Contract Together
• Organizing a Contract and Its Provisions
• The Drafting Process
• How to Review and Comment on a Contract
• Amendments, Consents, and Waivers PART 6. Drafting Ethically
• Ethical Issues in Drafting PART 7. Other DraftingMaterials
• Additional Exercises
• Appendices