Heads of Agreement and Preliminary Documents: Drafting Strategies and – Leo Cussen Centre for Law

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Heads of Agreement and Preliminary Documents: Drafting Strategies and Enforceability

Heads of Agreement and Preliminary Documents: Drafting Strategies and Enforceability

$145.00
$145.00
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Heads of agreement are commonly used to record commercial terms before formal contracts are prepared, yet poorly drafted preliminary documents frequently give rise to disputes over enforceability and intention. This session explores how to draft heads of agreement that facilitate negotiations while avoiding unintended legal consequences. 

This session will discuss: 

  • When a heads of agreement should and should not be used.  
  • Drafting clear and effective heads of agreement, including binding and non-binding provisions.
  • Drafting enforceable confidentiality, exclusivity and good faith clauses in preliminary documents.
  • Avoiding uncertainty and incomplete agreements.  
  • Managing negotiations where commercial terms remain unresolved.  
  • Lessons from recent cases.