PowerPoint - Legal Citation Form 1 - Case Law.pptx
Drafting contract
1. How can I draft a
contract?
EZZELDIN BASSYOUNI
MASTER OF LAW USA 01225297655
أعمال ورجال محامين إنجليزى تجارة إنجليزى حقوق
Ezzbassyouni@gmail.com
2. How can I draft a good contract?
Get it in writing. ...
Keep it simple. ...
Deal with the right person. ...
Identify each party correctly. ...
Spell out all of the details. ...
Specify payment obligations. ...
Agree on circumstances that terminate the
contract. ...
Agree on a way to resolve disputes.
3. Here are 5 tips to drafting a strong
contract:
Do not reinvent the wheel. ...
Start with an outline. ...
Do not shy away from definitions. ...
Pay attention to grammar and
punctuation. ...
Include conflict resolution
procedures.
4. Should V shall legal?
The word should does not express a
legal requirement. But shall, in the case
of the agreement, does. We often use
the auxiliary verb shall to indicate a
promise.
5. Shall VS must in contract drafting?
"Must" is the only word that imposes
a legal obligation on your readers to
tell them something is mandatory. ...
The Federal Register Document
Drafting Handbook (Section 3) states
"Use 'must' instead of 'shall' to
impose a legal obligation on your
reader.
6. Contracts written in legalese?
Avoid legalese
It increases the risk of
misrepresentation and
misunderstanding, which translates to
more lawsuits and disputes. And it
burdens everyone – not only you and the
other side, but also your lawyers and any
judge who has to interpret the contract
7. Why Develop outline?
present contract terms in logical order
preventing omitting important facts
for not duplicate terms
choice of law
duties conditions- scope of work
timing
breach
remedies
8. BE FOUCS BE BRIEF
Omit surplus words
note more words do not make a better
contract but create opportunity for
ambiguity
be concise to the point
prior to –before - the best time to pay
paying time , the vessel that will carry
the cargo – vessel name – Written
document –document
9. Simplify your drafting language
use clear concise terms legalese
does not make the writing legal
a aforementioned -hereby –Thereof-
Thereafter-Therein
group similar terms together use
numbering and lists
10. How to Draft a Contract
Determine if all parties can participate
Determine consideration
Set the terms of the contract
Decide if you want to use a confidentially clause
Include a dispute resolution clause
Include a termination of contract clause
Ensure the contract follows all applicable laws
Ensure the contract follows industry and other
specific requirements
Offer the contract for acceptance
Negotiate the contract's terms
Sign the contract
11. Use base verbs than nouns
verbs give sentences movements life nouns do not
ex acknowledge –repay –transfer-postpone –fulfil-
attend –decide-pay- perform-enhance –construct-
establish –deny –collide
lessee will pay 400$
lessee will make a payment of 400$
use active voice
use action verbs
use fewer words
define gender notary – you-
spelling and grammar be mindful in using tenses
reference David jaroszewski
12. Recap What are the 10 essential
elements of a valid contract?
offer and acceptance....
intention to create legal relationship. ...
lawful consideration....
capacity of parties. ...
free consent. ...
lawful object. ...
certainty of meaning. ...
possibility of performance
reference David jaroszewski