Contract Law

Chapter 11 Lecture Notes

Drafting Simple Contracts     

This is the most practical chapter of the entire text. The purpose and objective of this chapter is to introduce the paralegal to drafting simple contracts. Legal assistants are often called upon to draft contracts but generally are given no guidance with respect to how to go about the task. This chapter provides the guidance.

Section B, Checklist of Clauses, discussed 17 basic types of clauses that, when put together, create a contract. Each of the clauses is exemplified and includes a discussion of the clause and its purpose in the contract. The classroom discussion can focus on each of the sample clauses, what is good and/or bad about them, and how they could be changed to meet the specifics of a particular client.

Section C provides a summary of the clauses discussed in the text, and a quick review of the best methods of creating a contract.

Chapter 12 continues with four simple Exercises that involve the student in actual drafting and contract interpretation. These Exercises can be done in conjunction with a review of the sample contracts that appear in the Appendix. By using the sample given in the text of the chapter, the contracts appearing in the Appendix, and the Exercises, the student is afforded an excellent opportunity to get some practical experience in drawing up a simple contract. This aspect of the book is unique to BASIC CONTRACT LAW FOR PARALEGALS and is the heart of the entire work.

Two case summaries have been included to underscore problems associated with contract drafting. Specialty Rental Tools & Supply, LP v Shoemaker concerns the interpretation of a non-competition clause, and the American Express case discusses contract construction.

This chapter concludes with a section on Ethical Considerations, underscoring that a lawyer, and a legal assistant, must always provide competent representation.