Manupatra Academic

Contract Drafting and Enforcement

Contracts are one of the most important tools for smooth functioning of business operations. Every commercial or non-commercial entity enters into contracts and agreements to ensure certainty of service, predictability of courses of action, and enforceability of the agreed terms. While the enforceability of contract comes into play after it has been accepted by each party, the most crucial and tricky aspect of a contact is its drafting. Contract drafting involves application of business knowledge, contract laws and writing skills. An incorrectly drafted contract can have unforeseeable repercussions causing huge financial losses to the parties involved. Thus, not everybody is able to draft effective contracts.


This course helps you grasp the fundamentals of contract law and hone your contract drafting skills. It provides relevant practical assignments information using case studies for the students to understand the rights and liabilities emerging from day-to-day and complex contractual dealings. The course helps you take informed decisions about the broad range of issues relating to drafting, formulating and enforcing a contract.

COURSE OUTCOME

 

After completing this course, you will be able to:


  • Identify what a contract is, its purpose and significance
  • Learn how to form a contract keeping in mind its essentials
  • Recognize the different types of contract including special contracts
  • Assess the contractual breaches and available remedies
  • Draft a contract with important clauses

COURSE OUTLINE

 
  • Module 1 – Introduction to Law of Contracts
  • Module 2 – Essential Requirements of a Contract
  • Module 3 – Legal Object, Lawful Consideration and Free Consent
  • Module 4 – Types of Contract
  • Module 5 – General Contracts – Components and Drafting Guidelines
  • Module 6 – Essential Clauses of a Contract
  • Module 7 – Elements of Contract Drafting & Negotiating a Contract
  • Module 8 – Drafting the First Draft, Stamping & Registration
  • Module 9 – Discharge of a Contract
  • Module 10 – Breach of Contract – Remedies & Dispute Resolution Methods
  • Module 11 – Mitigation of Damages and Cancellation of Contracts
  • Module 12 – Drafting Guidelines for Various Types of Contracts
  • Module 13 – Contract Law - In a Nutshell
  • Module 14 – Appendix
  • Certification Exam

Possess property that you wish to give to a loved one upon your passing? Want to assign a guardian to your children during your absence? A Will is your fix to make sure there is no mix! The common misconception is that your belongings, upon your passing, will directly go to your next of kin, but this is not the case. In India, households have disputes with regard to asset distribution. Thus, creating a Will ensures that the asset distribution in the family is as per your wish and there are no disputes. Most of the times, lawyers draft the final Will of a person, making it important for them to understand the concept well. This course dispels common misconceptions on drafting a Will. Terminologies associated with creation of Wills, along with types and clauses that make a Will valid, are discussed in great detail. Sample formats of Wills have also been provided to help you understand and provide you pointers on how to draft your own Will. The course is also helpful for lawyers as they are able to advice those in need.

COURSE OUTCOME

 

After completing this course, you will be able to:

  • Identify what a contract is, its purpose and significance
  • Learn how to form a contract keeping in mind its essentials
  • Recognize the different types of contract including special contracts
  • Assess the contractual breaches and available remedies
  • Draft a contract with important clauses

COURSE OUTLINE

 
  • Module 1 – Introduction to Law of Contracts
  • Module 2 – Essential Requirements of a Contract
  • Module 3 – Legal Object, Lawful Consideration and Free Consent
  • Module 4 – Types of Contract
  • Module 5 – General Contracts – Components and Drafting Guidelines
  • Module 6 – Essential Clauses of a Contract
  • Module 7 – Elements of Contract Drafting & Negotiating a Contract
  • Module 8 – Drafting the First Draft, Stamping & Registration
  • Module 9 – Discharge of a Contract
  • Module 10 – Breach of Contract – Remedies & Dispute Resolution Methods
  • Module 11 – Mitigation of Damages and Cancellation of Contracts
  • Module 12 – Drafting Guidelines for Various Types of Contracts
  • Module 13 – Contract Law - In a Nutshell
  • Module 14 – Appendix
  • Certification Exam

WHO SHOULD TAKE THIS COURSE

  • Bankers;
  • Banking Lawyers;
  • Enforcing agencies;
  • Managers across sectors;
  • Officers involved in conducting investigations;
  • Officers from disciplinary cells and vigilance departments;
  • Lawyers;
  • Students/Law students; or
  • Anyone, who is interested in this field.

Level: Beginner

Language: English

Duration: 6 Months

EVALUATION METHOD

Learners must score a minimum of 60% in the Certification Exam at the end of the course to obtain the certificate. They will have 5 attempts to clear the exam.

About the Author

Poli Kataki did her LLB from the Delhi University and Masters in Business law from NLSIU, Bangalore. She is Advocate on Record. Poli has wide ranging experience in the matters related to commercial laws, company law.

She has attended various Summits such as, North-East investment Summit held in Bangkok in the month of October 2007 and the Conference for the Development of Business and Trade relations between the North-East and Australia held in Sydney in the month of April, 2008 , organised by of the Ministry for the Development of the North Eastern Region (DONEAR), India and Ministry of Trade and Commerce, Thailand in the capacity of legal Adviser of Assam Real Estate and Infrastructure Developers Association (AREIDA) the apex body of professional builders of Assam.

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