5 Nov 2024 | 8 min read Corporate & Commercial Law

Contract Drafting and Negotiation Best Practices

Essential principles of contract law, with strategies for drafting, reviewing, and negotiating effective agreements.

Newton Kariuki Kamwana

Newton Kariuki Kamwana

Partner

Contracts are the backbone of business relationships, and drafting effective agreements is crucial to protecting your interests. This article begins by explaining the key components of a contract: offer, acceptance, consideration, and mutual assent. It discusses common clauses like confidentiality, indemnity, and dispute resolution, which are essential in protecting the parties involved. Furthermore, the article offers practical advice on risk mitigation through clear language, as vague or ambiguous terms can lead to disputes.
The negotiation section provides strategies for securing favorable terms, emphasizing the importance of understanding the other party’s goals and priorities. It highlights the role of compromise in reaching mutually beneficial agreements and the importance of protecting your position on essential terms. Finally, it covers best practices for reviewing contracts, such as identifying potential loopholes and including provisions for future changes, ensuring long-term protection and clarity.

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