Are your contracting practices effective? Ensure your terms are communicated clearly to avoid costly litigation.
Effective contracting practices are critical to ensuring that contracts are made on acceptable terms. Ineffective practices can lead to a failure to achieve required terms or worse, a contract on terms that are contrary to one's objectives.
Our fast-paced world increases the pressure as it is very easy for conflicting terms to be exchanged electronically without a complete meeting of the minds of the prospective parties. Learn how to control the contracting process to avoid unacceptable terms by avoiding or winning the battle of the forms.
- You will be able to discuss scope and applicable law.
- You will be able to review contract formation.
- You will be able to identify best practices for contracting.
- You will be able to discuss real world issues.
This Live Webinar Covers These Hot Issues:
- UCC Article 2 – Sales of Goods
- Other Applicable Law
- Fact-Specific Results
- Objectives; Key Misconceptions
Contracting - Minimum Requirements
- Statute of Frauds
- Electronic Contracting
- Firm Offers
- Quantity: Output and Requirements Contracts
- Offer and Acceptance
- Contracts in Context
- Course of Performance, Course of Dealing and Usage of Trade
The Battle of the Forms – UCC 2-207
- UCC Favors the Existence of a Contract
- Acceptance Can Occur Even If Different Terms Proposed
- Conduct Creates Contract When Writings Do Not
- Merchants: New Terms Are Proposals
- Materiality of New Terms
- The Knockout Rule
- UCC Implied Terms
- Implied Warranties
- Title: No Infringement
- Fitness for Particular Purpose
- Disclaiming Implied Warranties
A Knockout Rule Example
Fighting the Battle of the Forms to a Draw
Real World Issues
- Lack of Mirror Image Contract
- Importance of Determining the Offer
- Course of Dealing; Layered Contracting
- Negotiations Break Down
Controlling the Process
- Avoiding Traps; My Way or the Highway
- Education and Communication
- Maintain Discipline; Award Letters
Credit Information (Sponsored by Lorman Education Services):
For Detailed Credit Information page click here
Only registered attendee will receive continuing education credit.
Darrell W. Pierce, Dykema Gossett PLLC
- Member of Dykema Gossett PLLC in Ann Arbor, Michigan
- Focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code
- More than 30 years of experience in the practice of corporate and commercial law
- Fellow of the American College of Commercial Finance Lawyers
- Represents lenders and borrowers in commercial finance transactions
- Served on the Article 9 Study Committee and the Article 9 Drafting Committee as the chair of the Article 9 Filing Project
- Frequent lecturer on Uniform Commercial Code issues
- J.D. degree, University of Michigan Law School; A.B. degree, Dartmouth College
- Can be contacted at 734-214-7634 or firstname.lastname@example.org