November 26, 2010
Contract drafting: A narrative approach
One of the new books coming out this year that we're particularly interested in seeing when it comes out in a few weeks is Basic Contract Drafting Assignment: A Narrative Approach, by Sue Payne (Northwestern), published by the fine folks at our LawProf sponsor, Aspen Publishing. Here's the publisher's description:
Basic Contract Drafting Assignments: A Narrative Approach is a unique supplement of contract drafting exercises designed to be used with any contracts or drafting course book. Instructors who want to incorporate drafting exercises into the classroom experience will find an invaluable asset in his supplement, which provides students with the tools necessary to develop skills that can be applied to various types of advanced transactional work.
Divided into four interest-catching sequences, this concise paperback takes a narrative approach, and gives students the opportunity to learn by doing:
- The first assignment in each sequence introduces the clients, their businesses, and their needs.
- In the second and third assignments those clients evolve and grow, and their business needs change.
- Each sequence features assignments of varying lengths and types, including gathering information, interviewing the client, outlining the issues that need to be considered from both sides of the table, and drafting the necessary memos, letters, and final contract.
- The assignments focus on methodologies in four areas:
- How to conceptualize in writing the parties’ rights, duties, risks, and protections.
- How to organize a contract on both the macro and the micro levels.
- How to draft for clarity and enforceability.
- How to express boilerplate terms.
Additional resources for students and instructors include:
- Entertaining and informative appendices, among them
- What Deal Lawyers Say to Each Other: A Dictionary of Contract Negotiation and Drafting Slang
- Ten Tips for Interviewing a Client about a Transaction
- Decoding the Comments on Student Contracts: Some Samples with Illustrations
- A web-based Teacher's Manual that provides teaching tips, answers to the student exercises, and notes for the characters that the teacher plays.
Basic Contract Drafting Assignments will augment and enhance any book you are currently using by providing a wealth exercises that will help students learn real-world drafting techniques and skills.
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