Understanding and drafting contracts: what constitutes an obligation and where there is wiggle room

• to develop a contractual risk based approach for legal practitioner
• to identify pre closing checks
• to identify and use all contractual tools for negotiating a contract

The negotiation, drafting or simple analysis of contracts requires adopting certain reflexes to limit unfortunate consequences when implementing the mutual obligations of the parties.In addition to reviewing these systematic and fundamental aspects, we explore how contract law offers the parties many options which allow their mutual obligations to be interpreted strictly or broadly. This workshop will enable you to understand how contract interpretation works and acquire reflexes to avoid the factual and legal pitfalls when dealing with contracts by presenting a broad range of options for contract negotiation and determination of the obligations under your contracts.Thisworkshopwill develop the followingthemes:

1.Approaching contracts

• Priorverifications
• Parties’identity
• Capacityto contract
• Financialresources
• Pre-contractual documents
• Confidentiality agreements
• Guidelines establishing the relationship between the parties

2. TheNegociationPhase

• Anticipatingblocking and non-blockingissues
• Anticipatingways out ofacrisis

3. DraftingContracts

• Identifyingobjectives
• Identifyingessentialcontractual clauses
• Basic agreement and guarantees
• Contract duration
• Clauses specific to property transactions
• Liability clauses
• Standard clauses and dispute resolution
• Adjusting contractualcontent according to the needs of the parties

Expert: Renaud Le Squeren, DSM Avocat à la cour

Participants are hereby informed that they are likely to appear on photographs taken at the event. These are intended to be published in print and/or digital media published by Maison Moderne.