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.
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Why Lorman?
Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
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
Credit
More Program Information
Why Lorman?
Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Webinar
This course was last revised on April 9, 2019.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- GA CLE 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- MS CLE 1.5
- This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
- MT CLE 1.5
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NJ CLE 1.8
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- TN CLE 1.5
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VA CLE 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
- VT CLE 1.5
- This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WI CLE 1.5
- This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- ISM 1.5
- Participants who successfully complete this program will receive 1.5 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Audio & Reference Manual
- AK CLE 1.5
- Arizona CLE 1.5
- CA MCLE 1.5
- CT CLE 1.5
- GA CLE 1.5
- HI CLE 1.5
- IL CLE 1.5
- ME CLE 1.5
- MO CLE 1.8
- MT CLE 1.5
- NJ CLE 1.8
- NM CLE 1.5
- NV CLE 1.5
- NY CLE 1.5 including Areas of Professional Practice 1.5
- UT CLE 1.5
- VT CLE 1.5
- WA CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.5
- Arizona CLE 1.5
- CA MCLE 1.5
- CT CLE 1.5
- HI CLE 1.5
- IL CLE 1.5
- ME CLE 1.5
- MO CLE 1.8
- MT CLE 1.5
- NJ CLE 1.8
- NM CLE 1.5
- NV CLE 1.5
- NY CLE 1.5 including Areas of Professional Practice 1.5
- UT CLE 1.5
- VT CLE 1.5
- WA CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Credit
More Program Information
Why Lorman?
Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
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
- Can be contacted at 734-214-7634 or [email protected]
Credit
More Program Information
Why Lorman?
Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- Live Webinars
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- Course Manuals
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- White Papers and Articles
- Sponsored Live Webinars
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- State Specific Credit Tracker
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