University of Houston Law Center Logo
HOME
Faculty

Printable Version

Fall 2021
6364 Contract Drafting - TOEDT- 27250

Professor(s): D.C. Toedt III. (ADJUNCT)

Credits: 3

Course Areas: Business and Commercial Law 

Time: 6:00p-7:30p  MW  Location: 213  BLB

Course Outline: This simulation course's goal is to help a new lawyer impress his- or her first supervising attorneys with how knowledgeable the new lawyer is about the ways that businesses use contracts to work together.

We will draft a series of contracts for a small tech company, "MathWhiz," including for its dealings with a giant corporate customer, "Gigunda Energy." Along the way, we will study the following, among other things."

• key legal doctrines that could cause big future problems for clients if not dealt with properly

• business planning, a.k.a. R.O.O.F.: Rooting Out Opportunities for [Failure]

• watching out for SPP, i.e., S[tuff] People Pull

• creating contractual incentives for good behavior to help head off disputes

• specific techniques for drafting contracts that can be quickly reviewed and negotiated

• spotting and eliminating ambiguities, which can be a leading cause of contract-related disputes

• how not to get taken advantage of in contract negotiations

• avoiding jail time for both clients and lawyers

• earning a reputation as a deal-maker, not a deal-breaker

• positioning the client for future litigation without spooking the other side

While this course no longer satisfies the upper-division writing course requirement, students will still get considerable practice in drafting workable, readable contract language.
Class sessions spend a lot of time brainstorming and war-gaming typical real-world business situations.

Socratic method is used extensively, but in a modified form: Most questions are posted in advance; when a question is posed in class, students are asked to turn to their neighbors and discuss, then the question is discussed by the whole class.

Course Syllabus:

Course Notes:   Whether this course will be distance education, or will have a physical room assigned, and if so the extent to which the instructor might use the room during the semester, is not determined at the time when registration initially opens for this course.  You may see contrary indications in the UH systems where you actually register for the course.  In other words, this course might be distance education with no use of a physical classroom. It might be the “HyFlex” mode in which some Law Center courses used a physical room during 2020-21. As we get closer to the start of the term/semester for this course, this course note will be updated as decisions are determined. The instructors will be involved in those decisions, but decisions about modalities may not be invariant throughout the term/semester or between now and when the course starts.

Quota = 15

The book is a free PDF download.

Prerequisites: Yes  1L Contracts. (We will review key contract-law doctrines along the way.) A business background is helpful but not required — all necessary business information will be covered in class and/or in reading materials.

First Day Assignments:

Final Exam Schedule: 12/15 6pm-7pm  109 BLB    

This course will have:
Exam:
Paper:


Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: simulation

Bar Course: No

DistanceEd ABA 306:

Pass-Fail Student Election: Conditional Availability (not for required credits)

Course Materials (6/7/2021 4:42:50 PM)

Special Case

Materials will be made available by professor on the internet.