Contract Drafting Analysis and Negotiation Law
FL: Q1: 1. Draft the title, preamble, and recitals. Note if there is additional information that you need: ____________________________________________________________________ The Drinks Group’s attorney sent the following pricing and payment terms provision. Please review, then fill out the chart below with a brief summary of the provision and any edits/issues/questions you would like to raise. Summary Proposed edits/questions / issues • Draft the signature lines for Green Boba Forever and Serious Drinks Only: 4. Which party has more leverage? What else would you want to negotiate into this deal? ________________________________________________________________ 5. A contractor agrees to build and deliver a technological component based on mutually agreed-upon specifications. The contract provides: The Contractor shall not be liable for any excess costs if any failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes include, but are not restricted to, acts of God or of the public enemy, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, and defaults of subcontractors due to any of such causes … The contractor is unable to perform because it proves technologically impossible to build the component. Is the nonperformance excused? Why or why not? Q6. Identify the ambiguity and redraft these provisions to eliminate it: a. The Canadian and Australian parties agreed to pay $4 million for the deal. b. Employee may be considered for a promotion only if that employee has three recommendations or one department award and has been working at the company for at least two years. c. The Trust may donate funds only to charitable and educational institutions. 7. You represent SCDP, an older, well-established advertising company with a big book of business that includes mostly products and services for senior citizens. SCDP wants to refresh its image to reach younger audiences, work with a broader range of companies, and gain exposure to new opportunities. They were recently approached by a cryptocurrency app that wants to do some traditional marketing to tap into deeper pockets. Your client would like you to meet with the crypto guys next week to work out a deal for an Advertising Agency Agreement. How would you approach this negotiation? Q8. You are the new General Counsel for Louis Fuitton, Inc. Six months ago (before you joined the company), Louis Fuitton signed a Manufacturing Agreement with Fancy Bed Manufacturing Co. for the production of futon beds. An initial order of 1,000 futon beds is in the final production phase and is scheduled to be delivered to the Louis Fuitton warehouse next month. The President of Louis Fuitton decided to change the company’s strategy yesterday. She doesn’t want the futon beds and would like to cancel the contract with Fancy Bed Manufacturing. There is nothing wrong with the futon beds, and the loss of the contract will cause a hardship for Fancy Bed Manufacturing. You are handed the Manufacturing Contract and asked to figure it out. What are your next steps, and how would you advise the President?
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