The black james bond

|all round good guy|ManUtd|Nkana supporter|Court room swagger| LL.B

This time like all other times, is a good one but if only we know what to do with it.

[S. @sammysheyi_]

If you’re a lawyer who enjoys dissecting contract clauses, check out “Contract Teardown” by Law Insider. 🎥

It’s fascinating to see how seemingly simple clauses fit together to form a complete agreement, and the drafting nuances that make each provision work.

[The black james bond @farai_says]

@kuxthedon Ba twasa, tah….

[Funmilola Olabiran @FunmilolaO52787]

Let me show you how I review a 200-page Agreement.

First thing first, I look at the document with bad eyes.

Then I adjust my chair. Scan through who is who, the definitions segment, the section headings, and the governing law. That tells me early which jurisdiction I am working with.

That first read is not a deep read but a scan through.

While I am scanning, I already have a mental checklist of clause types that carry disproportionate risk relative to their length. I call them the skeleton clauses.

Liability and limitation of liability: The cap, the carve-outs, what is excluded.

Indemnification: Is it mutual or one-sided?
Termination, Payment(fees, and set-off rights especially unilateral deductions).

Data protection and confidentiality, especially cross-border transfers and breach notification timelines.

Dispute resolution, Force majeure, and whether payment obligations survive it.

Assignment: Can they assign without your consent? Can you?

Amendment rights: Can they change terms unilaterally and with how much notice? I hunt for these specifically.

Next reading, I do three things simultaneously while reading.

First, internal cross-check: Does any clause contradict another clause in the same document?

Second, rights versus remedies mapping: For every obligation imposed on my client, is there a corresponding right or remedy if the other party breaches the same kind of obligation?

Third, definitions bleed: A defined term used loosely or inconsistently across the document can change the entire meaning of a clause.

} Then I run the commercial reality check: If this goes wrong tomorrow, who actually eats the cost? And is that realistic given the size and nature of this relationship?

Is this a market-standard clause I would see in any vendor contract, or is it unusually aggressive for this type of deal?

What is the realistic probability this clause gets invoked versus the size of the loss if it does?

I do not fight every clause with equal intensity.

So, I categorize into three:

Tier one: deal breakers.
Tier two: must negotiate.
Tier three: note and accept. Standard, market-typical terms I flag internally for awareness but raise no issue with.

At this point, I get something to munch on and take a five-ten minute stroll away from my seat.

I come back with a stern eye.

I check whether the parties are consistently designated throughout: Names must rhyme in every clause they appear in.

Then I look for the fundamental problems: what is unreasonably allocating liability to my client? I track it.

Is the notification period unreasonable? I go check what the law says, then I look for where the parties can meet in the middle.

And then I look for the clauses that seem harmless now but will have someone holding the other party by the neck the moment a dispute arises.

Those are the ones that will be red marked.

And those ones? I will talk about them next.

#contract #corporate

[The black james bond @farai_says]

@Mule_Kaipambe Open season !!!! On top of the K33.90 n plus ya manzi manje kwabwela na gift ??? 😂😂😂

[The black james bond @farai_says]

You do have motion in Zambia

[Wale @Wale]

@MukukaTy Ngl I don't have motion in Zambia .. so cook .

[The black james bond @farai_says]

@Novveryown22 I read the case some years back ,I am quite certain the issues are different. The current issue is revocation , the other was a refusal to renew....

[The black james bond @farai_says]

@MbalaMafia7 This a beautiful design and house... Congratulations

[The black james bond @farai_says]

@BaNaartjieice That’s why I just stay home now or I’m done with any outdoor business by 22

[Ogundipe, Esq. @The_Ogundipe]

One hack that might be very useful for lawyers who want to start drafting pleadings is to model them on decided cases, preferably decisions of the Court of Appeal or the Supreme Court.

For instance, foundational learning and most textbooks would expose you to the elements of contracts, but cases often give life to those elements and add nuances.

It is not uncommon to see textbooks stating that three elements must be established to sustain a claim, while decided cases would present four, five, or even six elements.

So, if you have a brief on the tort of defamation, for instance, you may need to get three recent decisions of appellate courts or one of those compendiums on libel and slander where cases are reported. It could form a blueprint for what your pleadings and witness statements should focus on.

You have it by your side while examining your facts to see where exactly they fit in.

If you meet the rigours of what some of those decisions prescribe, the chances of success are very high. Alternatively, you will immediately realise that your case isn't strong.

When you do this consistently for, say, two years across different matters, you become self-sufficient without having to rely on them. You then need to pay attention to more recent decisions and how they fundamentally or slightly depart from the blueprint that you know.

In addition, this suggested style comes with a bonus: foresight. You could almost certainly anticipate possible objections and defences to your claim. And if you are on the defence, you will easily spot omissions. I used this style for abiut 3 to 4 years and I often predict possible objections and when they come, I always smile.

For instance, I spotted a Supreme Court decision on the tort of defamation late last year (I won't disclose it). From it, I realised that two of the common reliefs sought in defamation matters cannot go together. You must choose one of those particular two.

Yet, there are many decisions of lower courts where the two reliefs are often granted, and I realised that this could be informed by the fact that the defence was not aware of it.

Law is actually a deeply strategic vocation and that's why I approach every opposing counsel with suspicion, respect, and caution, because if we do it like we are meant to do it, every lawyer you appear against is up to something.

And you might realise it when it is too late.

[The black james bond @farai_says]

@Mule_Kaipambe Let the words mean what they’re supposed to mean in their natural form.

[Equivocator™ @Oluwanonso_Esq]

A few years ago, I was litigating constitutional cases in Nigeria. Now, I'll have the opportunity to present my research on EU constitutional law before judges and senior officials of the EU Court. This is undoubtedly one of the proudest moments of my career so far.

[The black james bond @farai_says]

@Mule_Kaipambe Let's go ,wherever you want us to go...

[The black james bond @farai_says]

@Novveryown22 Yes, they can but I think the defendant would argue preliminary issues. Can direct financial injury be proved by the station ? We suffered losses as a result of the Facebook post.

[The black james bond @farai_says]

@SamSakalaDOPEG This broski !!!! This is nice !!!!

[The black james bond @farai_says]

@Takunachola They knew !!!! Didn't take long....

[The black james bond @farai_says]

@YungVerbal @KVLENGA 😂😂😂 better respect your pen bredda!!!!

[The black james bond @farai_says]

@BaNaartjieice Wanisekesa !!!! Anyway ,aya ma sweet it's to be steady... 😂😂😂