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Introduction to Commercial Contracts: Reviewing and Drafting Key Provisions and "Boilerplate" Terms

Recording of a 60-minute CLE video webinar


Conducted on Tuesday, May 14, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide practical strategies for reviewing, drafting, and advising clients on commercial contracts. The panel will examine the meaning of common performance and boilerplate terms and how outside forces may dictate the way specific terms of the agreement are drafted, interpreted, and enforced.

Description

Unlike other legal documents, contracts are prospective, forward-looking documents that serve as a guide for future behavior, and they memorialize the parties' agreement in hopes of preventing future disputes. The goal when drafting contracts should be to draft every sentence with precision and to avoid any ambiguity.

Although the specifics vary from contract to contract and each contract presents a unique set of circumstances, all valid contracts follow some basic rules including, among other things, the parties' intent to form an agreement, a valid offer and acceptance, and an exchange of something of value. Also, every contract follows a basic structure that generally includes introductory provisions and definitions, operative provisions, contractual performance, remedies for breach, and other miscellaneous terms.

Before engaging in a contract review or drafting project, there are common challenges, pre-drafting considerations, and questions to ask the client that counsel should be aware of, and pre-planning and preparation are the keys to success.

Listen as our expert panel explains and defines basic contract concepts and provisions and provides key tips and best practices for reviewing, drafting, and structuring contracts.

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Outline

  1. Overview: basics of a contract
  2. Different types of contracts
  3. Contract drafting strategies and style
    1. Pre-drafting matters to consider
    2. Common challenges affecting contracts and how to deal with them up front
    3. Other matters to consider
  4. Anatomy of a contract
    1. Introductory provisions
    2. Contract operative provisions
    3. Boilerplate terms
    4. Miscellaneous provisions
  5. Key takeaways and practical guidance

Benefits

The panel will address these and other relevant considerations:

  • What are the elements of a contract?
  • What are some pre-drafting matters to consider?
  • What are common challenges that affect a contract and how should these matters be addressed in the terms of the agreement?
  • What are some negotiation strategies for key provisions and boilerplate terms?

Faculty

Marx, Heather
Heather L. Marx

Member
Cozen O'Connor

Ms. Marx applies her experience in the areas of complex business and commercial litigation to represent a variety of...  |  Read More

Zentner, Kristi
Kristi Adair Zentner

Member
Cozen O'Connor

Ms. Zentner is a transactional attorney who represents clients in general business, supply chain management, as...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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