An interesting approach to document drafting, this manual takes a “backward” look at negotiating a deal—it examines the damages and indemnities that come into play after a breach of contract and offers document crafting guidance to ultimately avoid a breach.
Very often after a commercial contract has been signed, the legal team involved in preparing the contract loses touch with what happens under the contract. If a dispute arises, new counsel will be involved in litigating or otherwise resolving the dispute. The original team rarely receives feedback as to why the contract failed. Those reasons would be an immensely helpful aid for improving the negotiating and drafting skills of the original team.
Very much a drafting tool for the transactional lawyer, this manual provides the document crafter with a competitive edge for negotiating more comprehensive and better binding contracts that are less likely to fail.
Summary of Contents
- Contract Damages Basic Concepts
- Damages under Merger and Acquisition Agreements
- Issues in Employment and Consulting Agreements
- Damages under Manufacturing and Supply Agreements, Distribution Agreements, Joint Venture Agreements, and Technology Licenses