Teaching Contract Drafting

Author: Robin A. Boyle-Laisure
Publisher: Edward Elgar Publishing
ISBN: 9781802209358

Published In: September 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781035343003

List Price: AU$296.40

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Description
Contents

Details

This comprehensive guide covers every stage of organising and teaching a course in contract drafting. With extensive sample course materials, it offers useful tips for building nuance, creative thinking, and experiential learning into contract drafting curricula.

Chapters give detailed definitions and examples of core contract concepts including representations and warranties; covenants; conditions; discretionary authority; and declarations. Exploring complex issues such as ethical negotiation, cross-border transactions and the impact of technology on contracts, it presents a nuanced syllabus that can be adapted for courses that focus exclusively on contract drafting as well as those that contain other elements. The book provides tested examples of exercise sets, grading rubrics, sample contracts and peer-to-peer activities, focusing on engaging students in the dynamics of a client interaction. It turns to neuroscience and learning theory to identify effective pedagogical approaches, giving concrete recommendations for how these can be implemented in the classroom.

Professors and instructors teaching contract law, as well as any form of transactional practice will find this book invaluable in developing their courses, with expert guidance on how to boost student understanding and engagement.

Preface

1. Introduction to teaching contract drafting

2. Client meeting simulation: getting started

3. Negotiation preparation

4. Representations and warranties: getting into the facts

5. Covenants: promises, promises

6. Conditions: drafting with care

7. Discretionary authority: crafting provisions that allow for choice

8. Preliminary components: preamble, recitals, words of agreement, definitions, interpretations, and declarations

9. Other substantive provisions

10. General provisions, otherwise known as ‘boilerplate’

11. International considerations and contract drafting