| Drafting and Negotiating Contracts

Course Information

  • 2020-21
  • 5-Year B.A., LL.B. (Hons.), LL.M.
  • III, V
  • Mar 2021
  • Elective Course

Course Aims and Description

There is a high level of expectation from the legal professional in her/his ability to write well drafted contracts. Often, the law of contracts taught in law schools, whilst covering substantive law, teaches a student what to say in a contract, but falls short of teaching how to say it. The aim of this course is to provide aspiring transactional lawyers with the requisite skill sets required for drafting a complete contract. It will enable them to look at legal and practical issues such as risk allocation, termination and regulation. The course will also benefit aspiring litigation lawyers by addressing issues such as breach, damages, performance, mitigation and dispute resolution. While the main focus of the course shall be on contract drafting, the students will also be imparted negotiation skills that a lawyer must possess.

This course is best suited for fourth year law students who have a primary understanding of the law of contracts. Having established the principles and substantive law of contracts and special contracts, this course aims to teach how these principles such as representations, contingencies, impossibilities, timely performance etc. are incorporated holistically into real time contractual obligations. It looks at the potential consequences of a contractual engagement and endeavours to teach drafting with emphasis on facilitating performance whilst preparing a defensible framework for a potential breach.

Faculty

Kishu Daswani

Visiting Faculty