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Drafting a contract is like planning a group trip

My wife and I just got back from a business trip in Copenhagen, followed by a wonderful vacation in England and France with close friends. It gave me an idea for an analogy to use with my students: Contract drafting is like planning a group trip with people whom you might not know. As a rough rule of thumb, for each of the items listed below, contract drafters should consider the 5W+H factors — Who, What, When, Where, Why, and How — and “Plan B” for each of the following:

  • Resources that might be needed at various points along the way (in our case, plane- and bus tickets; hotel reservations; walking shoes; local currencies; etc.) and who will provide them;
  • People with whom you might have to deal, such as:
    • government officials (in our case, passport-control officials);
    • service providers (hotel clerks);
    • financiers (ATMs and currency exchanges);
    • competitors (the crowds who wanted to get into the Louvre);
    • hostiles (someday I might write about my encounter with a pickpocket, who didn’t get quite what he’d expected);
    • each other;
  • Problems that could arise with resources or with people — for travelers, that could be car breakdowns; canceled flights; lost luggage; bad weather; disagreements about what to see and do next; etc.;
  • Extra time and money to budget as a safety margin.

Contract drafters can help their clients systematically think through these issues and figure out how to deal with them. That can be a big help in achieving a successful business result.

{ 1 comment… add one }
  • zarina din 2014-07-03, 00:35

    Mr Toedt, ensure that ones’ insurance policy is up to date as one never knows what one might ‘catch’ on these journeys.

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