Teaching Contract Drafting
Series: Elgar Guides to Teaching;
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Product details:
- Publisher Edward Elgar Publishing
- Date of Publication 12 September 2023
- ISBN 9781802209358
- Binding Hardback
- No. of pages308 pages
- Size 234x156 mm
- Weight 606 g
- Language English 495
Categories
Short description:
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.
MoreLong description:
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.
‘As soon as the book arrived, I paged through it. It's first-rate. It does a terrific job of teaching professors how to teach contract drafting. It's a much needed resource given the number of professors who teach drafting despite not having a transactional background.’
Table of Contents:
Contents: 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 12. Drafting for a technological age 13. Using proper words and tabulation 14. Neuoroscience and use of creativity in contract drafting 15. The pedagogy of teaching contract drafting 16. Ethics and contract drafting 17. Contract drafting exercises 18. Sample contracts and checklist
19. Answer key 20. References Index
