Drafting Contracts: Advanced Principles by Ajar Rab – 1st Edition 2024

Description

The present work fills a critical gap for young counsel navigating the art of contract drafting. Dr Rab’s practical approach, informed by real-world experience, equips them to not only draft clear and enforceable contracts but also to anticipate potential challenges and outline effective dispute resolution mechanisms.

– Justice Surya Kant
Judge, Supreme Court of India

I must commend Dr Rab for his exceptional effort in illuminating a niche area of practice. This book stands out as a comprehensive guide, skilfully navigating the practical intricacies of contract law with clarity that both seasoned professionals and novices will find invaluable.

– Justice S. Sunil Dutt Yadav
Judge, High Court of Karnataka

A source of knowledge and practical wisdom, this book is guaranteed to help the reader navigate the complexities of legal drafting with clarity and precision. I congratulate Ajar for having written this wonderfully useful book which will be a valuable addition to any lawyer’s library.

– Amit Anand Tiwari

Senior Advocate, Supreme Court of India Additional Advocate General, State of Tamil Nadu

Table of Contents

Table of Cases
Introduction

Part I – MEETING OF THE MINDS

1. Memorandum of Understanding or Letter of Intent
2. Term Sheet
3. Recitals
4. Interpretation Clause

Part II – DRAFTING TO ALLOCATE RISK

1. Qualifiers
2. Trumping Provisions
3. Accounting Terms
4. Representations
5. Warranties
6. Time of the Essence

Part III – GETTING READY FOR BUSINESS

1. Definitions
2. Term Clause
3. Condition Precedent
4. Closing

Part IV – PERFORMANCE

1. Condition Subsequent
2. Consideration and Payments
3. Positive Covenants
4. Exit Clauses

Part V – RESTRICTIVE COVENANTS

1. Non-Compete Clauses
2. Confidentiality Clauses
3. Other Restrictive Covenants

Part VI – EXEMPTION CLAUSES

1. Force Majeure and Hardship

Part VII – REMEDIES

1. Indemnity Clauses
2. Cure
3. Self-Help Remedies
4. Liquidated Damages
5. Termination

Part VIII – DISPUTE MANAGEMENT AND RESOLUTION

1. Dispute Management
2. Choice of Law
3. Choice of Forum
4. Exclusive Jurisdiction Clauses
5. Arbitration Clauses

Part IX – BOILERPLATES

1. Boilerplates
2. Assignment Clauses
3. Sub-contracting
4. Modification or Amendment Clause
5. Entire Agreement Clauses
6. Limitation of Liability
7. Survival Clauses
8. Waiver or Acquiescence Clause
9. Severability or Savings Clause
10. Notices Clause
11. Relationship of the Parties
12. Counterparts
13. Miscellaneous Clauses

Conclusion
Subject Index