Drafting of Commercial Contracts

Course Curriculum

Chapter 1: Masterclass Into & Instructions

Lecture 1: Masterclass Info

Lecture 2: Masterclass Instructions

Chapter 2: Module I | Fundamentals: Commercial Transactions

Lecture 1: Introduction to Corporate Transactions

Lecture 2: Commercial Transaction- Meaning

Lecture 3: Creation of formal contract – From an LOI or MoU

Lecture 4: Overview: Lifecycle of Typical Commercial Transaction

Lecture 5: Formation of Enforceable Agreements

Lecture 6: Explained: Enforceable Contract

Lecture 7: Void Contract

Lecture 8: Q. What is the difference between MoU and LOI?

Lecture 9: Q. Are oral contracts valid & enforceable?

Lecture 10: Q. Can emails be construed as a valid contract?

Lecture 11: Q. What is the importance of stamp duty in executing enforceable contract?

Lecture 12: Q. Is a contract on a letter-head of a company valid?

Lecture 13: Q. Can certain clauses of a contract be enforced in isolation of other clauses?

Lecture 14: Q. Is non-compete clause enforceable?

Lecture 15: Q. What is the difference between damages and indemnity?

Lecture 16: Q. Drafting of contract via-a-vis alternate modes of dispute resolution

Lecture 17: Q. Is dream11’s services legal and can it be construed as gambling?

Lecture 18: Q. What is reps (representation) and warranty in a contract?

Lecture 19: . Can a contract be construed void because of inadequate consideration?

Chapter 3: Module II | Drafting of Commercial Contracts

Lecture 1: Drafting a Commercial Contract

Lecture 2: Drafting: Introductory Clause

Lecture 3: Drafting: Recitals & Definition

Lecture 4: Drafting: Operative Clauses

Lecture 5: Risk Allocation in Commercial Contracts

Lecture 6: Template: Memorandum of Understanding (MoU) with Drafting Notes

Lecture 7: Template: Supply Agreement (Cross-border) with Drafting Notes

Lecture 8: Q. Are recitals binding in nature?

Lecture 9: Q. What is the difference between a ‘commencement date’ and an ‘effective date’?

Lecture 10: Q. Applicability of ‘privity of contract’ in case of guarantees

Lecture 11: Q. Can you suggest representations and warranties to safeguard service provider?

Lecture 12: Q. Can ‘payments due’ be set-off from liquidated damages claim?

Lecture 13: Q. What is the importance of defining relationship between the parties?

Lecture 14: Q. Tips on drafting of disputes clause

Lecture 15: Q. Can you elaborate on drafting of governing law clause?

Chapter 4: Module III | Drafting from Disputes perspective

Lecture 1: Identifying Dispute prone areas in a Contract

Lecture 2: Drafting tips for mitigating disputes

Lecture 3: Identifying Disputes during Executing a Transaction

Lecture 4: Risk Mitigation- Litigation

Lecture 5: To dos’ if the disputes arises

Lecture 6: Remedies for disputes arising out of contract

Lecture 7: Modes of Dispute Resolution

Lecture 8: Alternate Dispute Resolution (ADR) Mechanisms

Lecture 9: Litigation vs. Arbitration

Lecture 10: Liquidated Damages and Price Adjustments

Lecture 11: Fundamentals of Dispute Resolution Clauses

Lecture 12: Drafting: Disputes Clause

Lecture 13: Template: Disputes Clause

Lecture 14: Q. Can you share your experience on disputes in the covid era

Lecture 15: Q. Do you recommend mandating mediation in contracts?

Lecture 16: Q. Do you recommend a round of negotiation before going for Litigation

Lecture 17: Q. Can Arbitration clause be drafted to mandate digital pleadings?

Lecture 18: Q. Can PO be regarded as enforceable contract especially in light of stamp duty?

Lecture 19: Q. What’s your opinion on securities like bank guarantee, retention money etc.?

Lecture 20: Q. What is the importance of laying down a process of termination?

Lecture 21: Q. What is the importance of force majeure clause in light of COVID-19?

Lecture 22: Q. Can parties approach Indian court for foreign governing law contracts?

Lecture 23: Q. What is the process of rectifying insufficiency of stamping in a contract?

Chapter 5: Practice Test