Battle of the Forms and Managing the Contracting Process Online Webinar

Are Your Contracting Practices Effective? Ensure Your Terms Are Communicated Clearly To Avoid Costly Litigation

Battle of the Forms and Managing the Contracting Process Online Webinar

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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.

Course Fast Facts:

  1. Learn everything you need to know about Battle of the Forms and Managing the Contracting Process
  2. Comprehensive 10 module Certificate in Battle of the Forms and Managing the Contracting Process Online Course
  3. Study along with simple instructions & demonstrations
  4. Written and developed by leading Forms and Managing the Contracting Process experts
  5. Receive one-on-one online help & support
  6. Certificate of completion
  7. Available in multiple formats where you can choose the best format for your needs

Available in :

  • OnDemand Webinar : Archived webinar presentation with audio and slideshow including downloadable reference manual. Watch online anytime.
  • Audio & Reference Manual : PDF and MP3 files delivered on a USB flash drive. Listen and read on any compatible device.
  • MP3 Download : Audio recording of a webinar and reference manual delivered by download. Listen anytime on any compatible device.

Course Delivery

This program is available in several formats. Upon enrolment an automated welcome email will be sent to you (please check your junk email inbox if not received as this is an automated email), in order for you to access your online course

Recognition & Accreditation

All students who complete this course, receive a certificate of completion with a passing score (for the online assessment) and will be issued a certificate via email.

Applicable Law

  • UCC Article 2 - Sales of Goods
  • Other Applicable Law

Basic Advice

  • Fact-Specific Results
  • Objectives; Key Misconceptions

Contracting - Minimum Requirements

  • Statute of Frauds
  • Electronic Contracting
  • Consideration
    • Firm Offers
  • Quantity: Output and Requirements Contracts

Contract Formation

  • 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
    • Merchantability
    • 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

Practical Considerations/Recommendations

  • Education and Communication
  • Maintain Discipline; Award Letters

Entry requirements

Students must have basic literacy and numeracy skills.

Minimum education

Open entry. Previous schooling and academic achievements are not required for entry into this course.

Computer requirements

Students will need access to a computer and the internet.

Minimum specifications for the computer are:

Windows:

  • Microsoft Windows XP, or later
  • Modern and up to date Browser (Internet Explorer 8 or later, Firefox, Chrome, Safari)

MAC/iOS

  • OSX/iOS 6 or later
  • Modern and up to date Browser (Firefox, Chrome, Safari)

All systems

  • Internet bandwidth of 1Mb or faster
  • Flash player or a browser with HTML5 video capabilities(Currently Internet Explorer 9, Firefox, Chrome, Safari)

Students will also need access the following applications:

Adobe Acrobat Reader

Darrell W. Pierce

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
About this Course

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.

Course Fast Facts:

  1. Learn everything you need to know about Battle of the Forms and Managing the Contracting Process
  2. Comprehensive 10 module Certificate in Battle of the Forms and Managing the Contracting Process Online Course
  3. Study along with simple instructions & demonstrations
  4. Written and developed by leading Forms and Managing the Contracting Process experts
  5. Receive one-on-one online help & support
  6. Certificate of completion
  7. Available in multiple formats where you can choose the best format for your needs

Available in :

  • OnDemand Webinar : Archived webinar presentation with audio and slideshow including downloadable reference manual. Watch online anytime.
  • Audio & Reference Manual : PDF and MP3 files delivered on a USB flash drive. Listen and read on any compatible device.
  • MP3 Download : Audio recording of a webinar and reference manual delivered by download. Listen anytime on any compatible device.

Course Delivery

This program is available in several formats. Upon enrolment an automated welcome email will be sent to you (please check your junk email inbox if not received as this is an automated email), in order for you to access your online course

Recognition & Accreditation

All students who complete this course, receive a certificate of completion with a passing score (for the online assessment) and will be issued a certificate via email.

Applicable Law

  • UCC Article 2 - Sales of Goods
  • Other Applicable Law

Basic Advice

  • Fact-Specific Results
  • Objectives; Key Misconceptions

Contracting - Minimum Requirements

  • Statute of Frauds
  • Electronic Contracting
  • Consideration
    • Firm Offers
  • Quantity: Output and Requirements Contracts

Contract Formation

  • 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
    • Merchantability
    • 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

Practical Considerations/Recommendations

  • Education and Communication
  • Maintain Discipline; Award Letters

Entry requirements

Students must have basic literacy and numeracy skills.

Minimum education

Open entry. Previous schooling and academic achievements are not required for entry into this course.

Computer requirements

Students will need access to a computer and the internet.

Minimum specifications for the computer are:

Windows:

  • Microsoft Windows XP, or later
  • Modern and up to date Browser (Internet Explorer 8 or later, Firefox, Chrome, Safari)

MAC/iOS

  • OSX/iOS 6 or later
  • Modern and up to date Browser (Firefox, Chrome, Safari)

All systems

  • Internet bandwidth of 1Mb or faster
  • Flash player or a browser with HTML5 video capabilities(Currently Internet Explorer 9, Firefox, Chrome, Safari)

Students will also need access the following applications:

Adobe Acrobat Reader

Darrell W. Pierce

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

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Course Summary

Course ID: 101LRBFMCP
Delivery Mode: Online
Access: 90 days
Tutor Support: Yes
Time: 87 minutes
Qualification: Certificate

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