Contract and Legal Writing for Non-Legal Professionals

Various views on contract writing
Misconception of it
Top 5 Reasons
In the beginning
Jurisprudence and industry practice
Group Exercise and/or Assessment

The difference between a promise and a contract – Legal definition
Offer and acceptance
Consideration
Intention – identify issues with Memoranda of Understanding, Letters of Intent and Letters of Comfort
Law of contract & Contract Act 1950
Key issues around contract formation
Purpose of contracts
Risk transfer through contracting
Definition of a successful contract
Communications chain
Group Activity

Malaysia legal system
The court of law structure
Modes of dispute resolution
Understanding the litigation process
Common legal implications
Alternative dispute resolution
Interactive Discussion

Certainty of terms – express and implied, agreements to agree
Contingent conditions
Consider the impact of ‘good faith’ requirements in contracting practice
Representations and warranties, limitation clauses, boilerplate provisions
Non-disclosure clause
Restraint of Trade clause
Terminology – procurement and contracting

Group Exercise

Contract types & Consequences of wrong contract management
Types of termination
Rescission of a contract
Mistake
Misrepresentation
Misleading and deceptive conduct
Fraud
Duress and undue influence
Unconscionability – statutory unconscionability
The Devil’s Advocate of Bangsar
Group Exercise

Injunctions &Specific performance
Cancellation
Damages
Actions for debt and relief against forfeiture
Restitution
Practical Exercise – Case studies, Mind Mapping

New Tech: AI and ChatGPT
Contractor Selection Matrix
Due Diligence
Sourcing & Proposal Evaluation
Negotiation Phase
Basic Methods
Classroom Session on the following:
-Identifying elements of a Contract based on case study basis
– Identifying contract type
Group Presentation
Wrap Up
Mind Mapping and recap

Recap Session
Common terminologies in a contract
Case Study on samples of contracts
Standard / Generic Terms/Specific terms
Drafting Methodology
Formation of Contract – Elements
Terms of Contract
Terms – Condition, Warranty, and Innominate terms
Contract Cessation Phase
Participants will be segregated into different groups and prepare a draft of a contract for a particular service.
Group Presentation on the above

Monitoring performance
Contract change controls
Amendment of contract terms
Performance reviews
Consequence Management – How to manage non-compliance
Classroom discussion on Compliance Inspection methodology
Procurement audits
Negotiated settlements
Contracting problems and their solutions
Ingredients for contracting success
Lessons Learned & Mind Mapping
Q&A
Group Activity
An Inspirational Closing