Contract Drafting & Law Course Preview
Enrollment in this course is by invitation only
Your first step toward mastering contract drafting, negotiation, and dispute resolution.
Skills you'll learn
This course is unique, focusing on practice-oriented topics with problems designed to give students a true-to-life experience of challenges faced by corporate law practitioners.
Nilanjan Sen, Senior Partner, Seven Seas Partners LLP
Delighted to participate in this as a faculty. As a practitioner of Insolvency Law, I was thrilled to learn about this program and its keen focus on helping lawyers and other professionals grasp concepts of corporate law including insolvency.
Abhishek Sharma, Partner, Dentons LinkLegal
I hugely enjoyed teaching this course. The class conversations were enriching. There was a sense of camaraderie and zeal to learn. The support and advice from the organisers was brilliant.
Dr Yugank Goyal, Associate Professor, FLAME University
Overall the course was very rich & comprehensive. The teachers selected for the course were extremely knowledgeable, had practical experience, and were committed to delivering high-quality lectures.
Shamanna Balasubramanya, Associate Advocate, Sundaraswamy & Ramdas
The programme's interactive and contemporary nature ensured that instructors were up to speed with current developments – both in the regulatory and market spaces. The dynamism and enthusiasm of the audience added to the joy of learning!
Ketan Mukhija, Partner, Dentons LinkLegal
All the chapters covered in the course are handled by expert professionals in the respective area. The practical experiences shared by the teachers took us to the next level of understanding. I thoroughly enjoyed the course.
Shubha Hegde, Officer (Transition), FSID, Indian Institute of Science CampusThis is a short course preview — 1 of 6 courses included in the programme, 1-Year Advanced Programme in Contract Drafting & Law, Negotiation & Dispute Resolution. Through the course you will learn the basics of contract drafting, and learn to draft the following agreements:
- Partnership Agreements
- LLP Agreements
- Shareholders' Agreements
The course concludes with a class on looking at corporate contracts from a disputes perspective.
The course preview will provide hands-on training with self-paced courses and live recorded classes. The course is unique as it will include fundamental doctrines, the bare law and case law and demonstrate its effect on drafting.
Who should take this Course Preview?
The course teaches one of the most fundamental and essential skills required of a lawyer. Any law student would accordingly benefit from the course.
That said, the course is meant as a preview to the full programme — the 1-Year Advanced Programme in Contract Drafting & Law, Negotiation & Dispute Resolution. Students who wish to learn about the programme and how it can help them should take this course.
The course would help: Law Students and Recent Law Graduates, Lawyers, In-House Counsels, and Legal Professionals, who are looking to gain an edge over their peers in the professional field. This course preview gives a sneak peek into the entire course and the teaching methodology being followed for the full programme.
- Introduction
- 📋 How the programme is organised and what we teach
- 📋 Study in print or electronic format, or both
- 📕 Module I: Contract Law Essentials
- 📋 Introduction
- 📋 Representations
- 📋 Fraud
- ▸ Fraud by suggestion
- ▸ Fraud by concealment
- ▸ Fraud by breach of duty to disclose information
- Passive Non-disclosure of Truth — Does it Amount to Fraud?
- Promise Made Without the Intention of Performing
- 𝍭 Index (full text of cases)
- Summary
- 📋 Misrepresentation
- ▸ Misrepresentation by a positive assertion
- ▸ Misrepresentation by causing another to make a mistake
- ▸ Misrepresentation by breach of duty to disclose information
- Fraudulent misrepresentation versus Misrepresentation
- Representation made with the intention of inducing the other party to act — Whether it amounts to misrepresentation?
- Difference between fraud and misrepresentation
- 𝍭 Full text of leading cases
- Summary
- 📋 Mistakes
- Common mistakes
- ▸ Mutual mistakes — Introduction
- ▸ Mutual mistakes as to subject-matter
- Tarsem Singh v. Sukhminder Singh
- ▸ Mistakes with respect to quality of subject-matter
- ▸ Unilateral mistakes as to subject-matter
- ▸ When unilateral mistakes as to identity make a contract void
- ▸ Establishing fundamental unilateral mistake as to identity
- ▸ Third parties and unilateral mistakes as to identity
- ▸ Unilateral risks
- Cases of fraudulent personation
- 𝍭 Index (full text of cases)
- Summary
- 📋 Conditions and Warranties (Sale of Goods Act, 1930)
- ▸ Stipulations in a contract
- ▸ Condition treated as warranty
- ▸ Express and implied conditions and warranties I
- ▸ Express and implied conditions and warranties II
- ▸ Caveat emptor
- 𝍭 Index (full text of cases)
- ☆ Feedback
- 📕 Module II: Contract Negotiation
- 📋 Introduction
- Why this module?
- What does this module offer?
- Why Technology is the Game-Changer
- Case study and simulations
- Sample contract negotiation simulation
- 📕 Module III: Contract Drafting & Interpretation
- 📋 Introduction
- Representation and warranties
- 📋 Conditions
- Advantages of providing for both representations and warranties
- Representation and warranties as risk allocation mechanisms
- ✍️ Exercise
- 📕 Modules IV & V: Deep Dive Into Specific Agreements
- 📋 Introduction: Mastering the art of contract drafting: from templates to tailored perfection
- 📋 Contract Drafting — Business, Commercial and Transactional Drafts
- 📋 Agreements covered
- 📋 Consultant Agreement
- Contract for service vs. contract of services
- Factors indicating a genuine consultancy/ employee relationship
- Status and liability of a consultant under the Indian Laws
- How to draft a consultant agreement?—A
- How to draft a consultant agreement?—B
- 📋 Sale Deed
- What is a Sale and Sale Deed as per TOPA?
- What Kind of Property can be Transferred by Way of Sale as per TOPA?
- Price for the Property
- What Kind of Instrument can Affect Transfer of Immovable Property?
- Delivery of the Property
- Stamp Duty and Registration of Sale Deed
- Part Performance under Section 53-A of TOPA
- Rights and Liabilities of Buyer and Seller
- How to Draft a Sale Deed?
- NDA Disclosing Party Friendly Sample
- Non Disclosure Agreement - Recipient Friendly- Sample
- Non-Disclosure Agreement - Mutual NDA-Sample
- Transaction Agreements: The Heart of Complex Deals
- 📋 Term Sheet
- ▸ Binding vs. Non-Binding Term Sheets
- Key Provisions in a Term Sheet
- Drafting term sheet
- ▸ How to Draft a Term Sheet?—Part I
- ▸ How to Draft a Term Sheet?—Part II
- ▸ How to Draft a Term Sheet?—Part III
- ▸ How to Draft a Term Sheet?—Part IV
- ▸ How to Draft a Term Sheet?—Part V
- ▸ Tips for Drafting a Term Sheet
- Conclusion
- Sample Term Sheet
- 📋 Share Purchase Agreement and Share Subscription Agreement
- ▸ Difference between share purchase agreement and slump sale
- ▸ SPA and SSA
- Stamp Duty Implication
- Introduction to SSA and SPA
- Conditions Precedent (CP), Conditions Subsequent (CS), and Their Impact on Transactions
- ▸ Introduction to SSA and SPA
- ▸ Understanding the conditions precedent and subsequent, closing date, and long-stop date
- ▸ Consequences of not meeting the closing date and conditions precedent
- Representations and warranties
- ▸ Drafting of representation and warranty clause—Part I
- ▸ Drafting of representation and warranty clause—Part II
- ▸ What is a disclosure letter and how to draft it?
- ▸ Consequences of misrepresentation in a M&A Transaction?
- ▸ Indemnity
- 𝍭 Index (full text of cases)
- 📕 Module VI: Dispute Resolution
- Introduction
- E-Books Access from EBC Reader
- E-Books Access from EBC Reader
- ☆ Feedback
Instructors
Dr Pratima Narayan
Instructor, EBC Learning, Advocate, Mediator & Co-Founder, Techlawlogi Consulting LLP
Dr Pratima Narayan is an Advocate, Mediator and Co-founder of Techlawlogi Consulting LLP. She is an Editor and Consultant at EBC Learning. She has offered courses on consumer law, arbitration, e-commerce, contract law and corporate law on the platform. She has authored a book on ‘Electronic Commerce: Legal Compliance’, published by Eastern Book Company. The book comprehensively outlines the various legal and regulatory frameworks and compliance for e-commerce players. Dr Pratima has served the legal academia for over two decades as a visiting faculty at various reputed law schools and business schools. Dr Pratima holds a Doctorate in Law from the National Law School of India University, Bengaluru.
Abhinandan Malik
Editor Publications & Director, EBC Learning
Abhinandan Malik is Editor (Publications) & Director at EBC, India's top law publisher. He is a graduate of NALSAR University of Law with an LLM from the University of Toronto. He is skilled in E-Learning, Legal Assistance, Legal Research, and Legal Writing. He has 10+ years of editorial experience, conceptualising, guiding and editing publications at EBC. He is fond of guiding students, especially in the area of legal writing—an area in which he also offers courses. At NALSAR, he was the founder and editor of an inter-law school magazine and law review called The Edict. It comprised students from the top national law schools across India as editors. At the University of Toronto, he specialised in private law. His thesis was on the Horizontal Application of Fundamental Rights. He was also invited to be part of the Academic Council for the Refresher Program in Law titled “Evolutions in Legal Pedagogy” offered by NALSAR University, under the Ministry of Human Resource Development.
Badrinath Srinivasan
Senior Manager (Legal), Directorate General Of Hydrocarbons Under MOPNG
Badrinath Srinivasan, LL.M., FIII, MCIArb, works at the Directorate General of Hydrocarbons (DGH), Ministry of Petroleum on Natural Gas, Government of India as Senior Manager (Legal). He advises DGH on contract-related issues and handles high-stakes international arbitrations and litigations in the petroleum exploration and production sector. He writes in various forums on contract law, drafting and dispute resolution. His research papers have been published in major research journals such as Economic and Political Weekly, Supreme Court Cases, Indian Journal of Arbitration Law, etc. His works have been cited in several reputed national and international publications and by the Hon’ble Madras High Court. Badrinath is a member of the Chartered Institute of Arbitrators and the Association of International Petroleum Negotiators and is a fellow of the Insurance Institute of India. He writes extensively in the Practical Academic Blog (www.praticalacademic.blogspot.in).
Tishampati Sen
AOR, Supreme Court
Tishampati Sen did his LL.B. from NLU Jodhpur. He was awarded a Graduate Faculty Scholarship from NUS (Singapore) and pursued his LL.M. there. He is skilled in document drafting, drafting agreements, civil, corporate and commercial litigation, arbitration, international arbitration, company law and consumer law. He started his career by working at J Sagar Associates and was one of the few lawyers there to practise both, the transactional and litigation side of the law. He then joined Mr Gopal Subramanium’s chamber and thereafter set up his own practice. He is now an Advocate on Record at the Supreme Court and has been involved in a number of key matters. He has successfully argued one of the primary and prominent class action matters involving data privacy, wherein he was representing the whistleblower in one of the first-of-its-kind whistleblower suits in India. He was also a part of the special team formed under the aegis of the Hon’ble Supreme Court of India, to investigate and report on the management of affairs at the Lord Jagannatha Temple in Puri, Odisha.
Juhi Roy
Instructor, EBC Learning
Juhi Roy is a graduate of ILS Law College, Pune. She has previously worked as a Senior Associate in the General Corporate team of Argus Partners, Kolkata. She has also worked with Cyril Amarchand Mangaldas, Mumbai; Network 18 Media and Investments Limited, Mumbai; Wadia Ghandy & Co., Mumbai; and SA Partners, Mumbai. Her primary expertise is in corporate transactional and corporate advisory work and has an extensive experience in leading teams conducting legal due diligence exercises for M&A transactions and negotiating and drafting transactional documents.
Limit Reached or Trial Expired
You have reached the limit of 2 audit enrollments or your trial period has expired.