Drafting Contracts: How and Why Lawyers Do What They Do, Second Edition

Tina L. Stark

$135.00

ISBN: 9780735594777

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Description
The eagerly anticipated second edition of Drafting Contracts: How and Why Lawyers Do What They Do, an established and highly regarded text, teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client’s deal.
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Key Features:
- More exercises throughout the book, incorporating
- More precedents for use in exercises
- Exercises designed to teach students how to read and analyze a contract – progressively more difficult and sophisticated
- New, multi-draft exercises involving a variety of business contracts
- New and refreshed examples, including
- Examples of well-drafted boilerplate provisions
- More detailed examples of proper way to use shall
- Multiple well-drafted contracts with annotations
- Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections.
- Expanded explanations of endgame provisions, along with examples and new exercises
- Expanded discussion of how to write memos to a client discussing a contract draft
- Expanded TM, including
- Examples of standard comments for grading that are available in Word and can be copied and pasted into students’ documents and including rubrics showing possible point allocations
- Examples of students’ papers, marked to show Professor Stark's comments

Details

Page Count	600
Published	11/26/2013

Additional Product Details

Summary of Contents

Preface to the Second Edition

Preface to First Edition

Acknowledgments to Second Edition

Acknowledgments to First Edition

Part 1    Translating the Business Deal into Contract Concepts

Chapter 1            A Few Words About Contract Drafting and This Book

Chapter 2            The Building Blocks of Contracts: The Seven Contract Concepts

Chapter 3            Translating the Business Deal into Contract Concepts: Part 1 (Representations and Warranties & Covenants and Rights)

Chapter 4            Translating the Business Deal into Contract Concepts: Part 2 (Conditions, Discretionary Authority, and Declarations)

Part 2    Drafting a Contract’s Parts

Chapter 5            A Contract’s Parts

Chapter 6            Introductory Provisions: Preamble, Recitals, and Words of Agreement

Chapter 7            Definitions and Defined Terms

Chapter 8            Action Sections

Chapter 9            Representations and Warranties

Chapter 10          Covenants and Rights

Chapter 11          Conditions to an Obligation

Chapter 12          Discretionary Authority and Declarations

Chapter 13          Will and Shall

Chapter 14          Drafting the Contract Concepts — A Summary Chart

Chapter 15          Endgame Provisions

Chapter 16          General Provisions

Chapter 17          Signatures

Part 3    Drafting Clearly and Unambiguously

Chapter 18          Legalese

Chapter 19          Clarity through Format

Chapter 20          Clarity through Sentence Structure

Chapter 21          Ambiguity

Chapter 22          Numbers and Financial Provisions

Chapter 23          A Potpourri of Other Drafting Considerations

Chapter 24          Deconstructing Complex Provisions

Part 4    Drafting from the Client’s Perspective

Chapter 25          Adding Value to the Deal

Part 5    Putting a Contract Together

Chapter 26          Organizing a Contract and Its Provisions

Chapter 27          The Drafting Process

Chapter 28          How to Review and Comment on a Contract

Chapter 29          Amendments, Consents, and Waivers

Part 6    Drafting Ethically

Chapter 30          Ethical Issues in Drafting

Part 7    Additional Exercises

Chapter 31          Additional Exercises

Part 8    Exemplars and Guided Reading Exercises

Chapter 32          Exemplars and Guided Reading Exercises

Exhibit

                Escrow Agreements

Index
Author Information

Tina L. Stark

Tina L. Stark teaches at Emory University School of Law where she is a Professor in the Practice of Law and the Executive Director of the school’s Center for Transactional Law and Practice. She is an internationally recognized authority on contract drafting and the teaching of transactional skills and has written extensively on these topics. She is also the editor-in-chief and co-author of Negotiating and Drafting Contract Boilerplate.
Professor Stark speaks frequently on drafting, transactional skills, the intersection of law and business, and boilerplate in contracts. She has lectured at programs in the United States, Canada, England, Italy, China, and Poland. In addition, she has served as a consultant to an English law school in connection with the creation of its transactional and business curriculum.
After graduating from Brown University with honors, Professor Stark was a commercial banker at Irving Trust Company. She then attended New York University School of Law where she was a contributing editor to the Journal of International Law & Politics. Professor Stark clerked for Judge Jacob D. Fuchsberg of the New York State Court of Appeals.
Professor Stark was a corporate partner at Chadbourne & Parke LLP from 1988 until 1993. While there, she had a broad-based transactional practice, including acquisitions, dispositions, recapitalizations, and financings. In addition, she developed and implemented the firm’s corporate training program.
Before joining the Emory faculty, Professor Stark was an Adjunct Professor at Fordham Law School for fourteen years. She taught courses on drafting, transactional skills, and business.
Professor Stark was appointed as a member of the Professional Education Project by Chief Judge Judith S. Kaye of the New York State Court of Appeals. The PEJ studied the legal education curriculum in New York State and recommended, among other things, that continuing legal education become mandatory in New York.
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Student Resources

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Student Resources (First Edition)