Advanced

drafting skills
for contracts

Improving your contract skills one contract at a time

About this course learning module as it involves a skills development, which

cannot be ignored.
This course gives insight into commercial agreements and It is imperative for a learning outcome such as this to run
specifically those agreements as set out under ‘outline/ the lecturing of course material parallel to the specific
content of the course’. The legislative requirements and contracts guide to bring about an effective empowerment
challenges pertaining to these specific agreements will be of knowledge to the delegate.
discussed, as well as dealing with the complicated foun- To enable this outcome, it is imperative that delegates are
dation that must be taken into regard when dealing with given training on various forms of commercial contracts, to
contracts such as these. prevent delegates from complaining. Previous complaints
This is not a ‘Drafting of Contracts’ course, but more of an under course evaluations stated that too few types of
academic approach to what must be considered when commercial agreements were trained on.
drafting such agreements correctly. Attention will also
be given to the relevant legislation and case precedents
forming the basis for these agreements, and the required Who should register?
content of such agreements to render them valid and This course was specifically developed for delegates who
enforceable. wish to expand their knowledge in commercial agreements,
Drafting guidelines will, however, be presented for setting especially the agreements that are dealt with in this course,
up these specific contracts. and to be brought up to date on the latest legislation and
case precedents pertaining to such agreements.
Course venues and dates This is not a course for newcomers to the field of contracts.
Midrand: Newcomers should rather attend the ‘basic drafting skills for
15 and 16 July 2020 | Time: 8:30 – 16:00
contracts’ course, before attending this course.
Venue: To be advised after registration.
This course is intended for senior management level
personnel and junior professionals already in practise.
Course duration Seasoned professionals might find this course inadequate
Contract drafting cannot be classified as a purely academic for their level of experience.

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Benefits of attending to other business agreements of all sorts. Whether one is
making a living out of setting up such agreements or just
This course will expand the delegates knowledge in terms finding yourself in the commerce where you are dealing
of commercial agreements and specifically the with such agreements every day, it is imperative to be
agreements that will be dealt with in this course. The knowledgeable in these types of contracts, either to
delegates will also be brought up to date on the latest protect your own interests, to render a satisfactory service
legislation and case precedents pertaining to said in providing such agreements, or being more
agreements. productive, knowledgeable and confident in the
environment you are employed in.
Expert presenter
Course content
Dr James Clark has been a practising as an advocate in the
• Introduction to commercial contracts.
High Court of South Africa for the past 15 years. He is well-
• The general structure of contracts –
known for civil and criminal litigation and the drafting of – heading of the contract/parties to the contract/
contracts. Due to years of litigation experience he is agreement to the contract in whole/index/pre-
well-versed in the mitigation of risk when it comes to the amble/interpretation/definitions/specific terms/
pitfalls of contracts. The drafting of contracts is a passion for legislative clauses/common terms/annexures/
him and he has also through the Law Society of South dating and location of signing the contract/
Africa’s (LSSA’s) Legal Education and Development (LEAD) signatures.
division, Damelin and KMA lectured on the topic for years. • Contracting electronically –
He also has international exposure in the drafting of – Electronic Communications and Transactions Act
contracts for the South African government and with other 25 of 2002.
international institutions. He is very knowledgeable in the • Credit agreements –
– National Credit Act 34 of 2005/Consumer
National Credit Act 34 of 2005 and the Consumer
Protection Act 68 of 2008/Protection of Personal
Protection Act 68 of 2008, specifically in the drafting of
Information Act 4 of 2013.
contracts but also in terms of litigation. He has also been
• Surety.
the author of various legal training curriculums for a variety
• Cession.
of institutions and is also an internationally published • Acknowledgement of debt.
author. Dr Clark also carries a Doctoral in Divinity (DD). • Partnership agreement.
• Pre-incorporation contracts.
Topics – • Sale agreement (movables).
• Sale agreement (immovables).
• Introduction to commercial contracts;
• Shareholders agreement.
• The general structure of a contract;
• Association agreement.
• Electronic contracting;
• Lease agreement.
• Credit agreements;
• Non-disclosure and confidentiality agreement.
• Surety;
• Cession;
• Acknowledgement of debt;
• Partnership agreement;
• Pre-incorporation agreements;
• Sale agreement movables;
• Sale agreement immovables;
• Shareholders agreement;
• Association agreement;
• Lease agreement; and
• Non-disclosure and confidentiality agreement.

Necessity of being knowledgeable in

contracts
In today’s society, one cannot escape, either privately or
professionally, dealing with commercial agreements. From
the sale of a vehicle, the lease of a commercial property or

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Registration Please note: LSSA LEAD reserves the right to cancel a
learning activity should the number of participants not
Registration fee categories (including VAT): justify the cost involved.
• Practising legal practitioners and other staff from
law firms: R 3 700 per person. Bank details
• Non-practising legal practitioners/others: Account holder: Law Society of South Africa
R 5 240 per person. Bank: First National Bank
Branch: Pretoria
How to register Account number: 6200 964 1079
• Complete the registration form on page 4 and 5 of this Branch code: 251445
document. Reference: ADC/surname and initials.
• E-mail your completed form, proof of payment and a
copy of your ID/Passport to Merlin@LSSALEAD.org.za. Other LEAD product offers
• Space is limited, and registration is based on a LEAD is one of the largest providers of legal and profes-
first-come first-serve basis. sional education in South Africa and provides access to
• Registration closes one week prior to the quality learning that is relevant, accessible and affordable.
commencement of the course. LEAD offers an extensive range of learning activities and
training options. For more information on seminars and
For more information on this course, e-mail Merlin courses on offer, visit www.LSSALEAD.org.za.
September at Merlin@LSSALEAD.org.za or telephone
(012) 441 4652 (direct) or (012) 441 4600 (switchboard).

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 REGISTRATION FORM
Advanced Drafting Skills for Contracts

Complete the registration form digitally or in clear, block letters. Please e-mail the form, proof of payment and a copy of your
ID document to Merlin@LSSALEAD.org.za. Registration closes one week prior to commencement.

A. Venues and dates (Select your preferred date with an ‘X’)

Midrand: 15 and 16 July 2020

B. Participant’s details

Surname: Initials: Title:

Preferred name: Race (for reporting purposes):

ID number:

Postal address: Code:

Employer: Occupation:

Tel (w): ( ) Cell: ( )

E-mail address:

Special dietary requirements (if any): If disabled, nature of disability:

Where did you hear about the course?

SMS Word of mouth Internet Employer E-mail Other

If other, please specify:

C. Employer details (NB: Complete this section only if the delegate is being sponsored by their employer)

Firm/company name:

Contact person: Contact person’s e-mail:

Tel: ( ) Contact person’s job title:

Postal/docex address: Code

If ‘yes’, please provide the

Do you need an invoice? Yes No
employer’s VAT number:

I, (name of the employer’s authorised account signatory) hereby declare the above
information to be correct. I accept full responsibility for fees payable to the Law Society of South Africa for the above-mentioned
participant.

NB: Company Stamp

Employer Signature Date

The Law Society of South Africa’s Legal Education and Development Division reserves the right to cancel a
learning activity should the number of participants not justify the cost involved. Registered participants
will be given reasonable notice of cancellation.
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PAYMENT DETAILS:
Advanced Drafting Skills for Contracts
Surname and initials of participant:

C. Payment details

Payment by Electronic Funds Transfer (EFT): by Employer by Applicant Amount: R

Name of account: Law Society of South Africa | Bank: First National Bank (FNB)
Branch: Pretoria | Branch code: 251445 | Account number: 6200 964 1079 | Reference: ADC/surname and initials.

Terms and conditions

1. A delegate who wishes to cancel must do so seven or more working days prior to the commencement of the training. A substitute
may be sent in your place. A completed registration form for the substitute must be forwarded to the LSSA/LEAD for the attention
of Merlin September.
2. Cancellations must be done in writing and e-mailed to Merlin@LSSALEAD.org.za.
3. You may transfer (at no additional cost and only once) to another training programme with the provision that it is not in the seven-
day period as stipulated above.
4. Confirmation of the cancellation will be e-mailed to you. Should a delegate not receive a cancellation confirmation from LEAD, it
means that the cancellation request was not received. Delegates should follow up or it will result in full liability of the training
amount.
5. Delegates who do not cancel and fail to attend the training will be held responsible for the full course amount.
6. LEAD has the right – in its sole discretion – to postpone or cancel training in any programme initially advertised and offered based
on insufficient demand. Should LEAD cancel the proposed training, registered delegates will be given reasonable notice of the can-
cellation and all fees paid by the delegate will be refunded.
7. Registration is on a first-come first-serve basis. If payment is not received within seven days of sending the registration form, the
registration will unfortunately be discarded.

General declaration
1. I am familiar with the outcomes of the training specified above and fully comprehend the specifics as explained in this document.
2. I acknowledge that payment needs to be made before attendance of the training.
3. I understand that all fees must be paid to the designated LSSA bank account only. The LSSA will not accept liability if fees are paid
into any other bank account.
Name of account: Law Society of South Africa | Bank: First National Bank (FNB)
Branch: Pretoria | Branch code: 251445 | Account number: 6200 964 1079 | Reference: ADC/surname and initials.
4. I acknowledge that I have read and understood the above, and that submission of this registration form constitutes acceptance of
the Terms and Conditions and hereby, sign as proof.

I, hereby agree to abide to all the above terms and conditions relating to the above.

Applicant’s Signature Date

Course and registration queries: Merlin September | E-mail: Merlin@LSSALEAD.org.za | Tel: (012) 441 4652/00

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