A-Z Guide to Boilerplate and Commercial Clauses PDF Download
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Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526500612
Category : Law
Languages : en
Pages : 739
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Book Description
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526500612
Category : Law
Languages : en
Pages : 739
Get Book Here
Book Description
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads
Author: Mark S. Anderson
Publisher: Butterworths
ISBN: 9780406977335
Category :
Languages : en
Pages :
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Book Description
This title provides up-to-date, practical drafting guidance on the purpose and effect of a wide range of boilerplate clauses in common use. It also covers a selection of other contract clauses frequently encountered in many types of commercial agreement. The book includes: a step-by-step commentary; examples of best practice in different situations; detailed notes on each type of boilerplate clause; relevant precedents in full; statutory definitions. For ease of reference, the clauses are arranged in alphabetical order. For quick application of the drafting principles, a disk containing the full text of all clauses and precedents is included free with the book.
Author: Mark Anderson
Publisher:
ISBN: 9781526500632
Category : Clauses (Law)
Languages : en
Pages : 695
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Book Description
"A lot of people when drafting an agreement will concentrate on the core commercial terms, rather than the boilerplate clauses. Some see the word "boilerplate" as referring to "unimportant" contract terms. This is very dangerous as a failure to consider all the provisions of a commercial agreement can have serious consequences. Often these consequences will come when it is too late to do anything about the contract terms, ie after the agreement is signed. A boilerplate clause sometimes deals with important operational issues such as the law of the contract or how notices may be sent. On other occasions, the clause deals with commercial issues that may not seem important, until a problem arises. For example, a force majeure clause only becomes significant if a party cannot perform its obligation due to circumstances beyond their control with such circumstances arising rarely, but when they do the force majeure clause comes into its own. A-Z Guide to Boilerplate and Commercial Clauses guides the user through each clause, explaining its purpose, considering its relevance in an agreement, discussing drafting issues and providing illustrative examples. The legal commentary and practical guidance helps the user to better understand the legal framework underpinning a boilerplate clause and how the courts are likely to view boilerplate and commercial clauses in the event of a dispute. For ease of reference the clauses are arranged in alphabetical order ranging from Acknowledgements to Warranties and are laid out in a modern, clear and accessible format. A set of typical boilerplate terms as they might be found in a commercial contract is included as an appendix. Since the third edition, major developments in case law and legislation have resulted in the revision of existing clauses and the development of new standard clauses. The book comes with an electronic download of the clauses. On purchase, you will be provided with a code and a web link from which the clauses can be downloaded in a generic format such as *.doc which will be compatible with all operating systems."
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526500620
Category : Law
Languages : en
Pages : 769
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Book Description
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526517256
Category : Law
Languages : en
Pages : 425
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Book Description
This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Author: Susan Singleton
Publisher: Bloomsbury Publishing
ISBN: 1526511886
Category : Law
Languages : en
Pages : 489
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Book Description
Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments. The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013 Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526517264
Category : Law
Languages : en
Pages : 511
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Book Description
This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Category : Law
Languages : en
Pages : 427
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Book Description
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
Author: Saleem Sheikh
Publisher: Bloomsbury Publishing
ISBN: 1526508354
Category : Law
Languages : en
Pages : 561
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Book Description
Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents
Author: Roger ter Haar
Publisher: Taylor & Francis
ISBN: 1317194942
Category : Law
Languages : en
Pages : 588
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Book Description
Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
