Negotiating and Drafting Contract Boilerplate PDF Download
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Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Category : Business & Economics
Languages : en
Pages : 712
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Book Description
This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Category : Business & Economics
Languages : en
Pages : 712
Get Book Here
Book Description
This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Author: Tina L. Stark
Publisher: Aspen Publishing
ISBN: 1454829052
Category : Law
Languages : en
Pages : 752
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Book Description
An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises
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: Dodd, Feldman, Nimmer
Publisher: Wolters Kluwer
ISBN: 1543812503
Category : Law
Languages : en
Pages : 2300
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Book Description
The professional's favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process --from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contract-- giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract process--from conducting the initial client meeting to closing the deal. You'll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how they're assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements --such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then you'll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526500604
Category : Law
Languages : en
Pages : 738
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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 casesWhen a priority of terms clause will operateWhether rules applying to penalties also apply to depositsThe legal effectiveness of 'no amendment' or 'no variation' clausesLegal frameworks and how the courts will view such clauses during a disputeNew 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 commentaryExamples of best practice in different situationsDetailed notes on each type of boilerplate clauseA summary of relevant law, including statutory definitions and case lawPrecedents available as electronic downloads
Author: Lisa R. Lifshitz
Publisher:
ISBN: 9781641053549
Category : Cloud computing
Languages : en
Pages : 307
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Book Description
Author: Sue Payne
Publisher: Aspen Publishing
ISBN: 1454831766
Category : Law
Languages : en
Pages : 461
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Book Description
Basic Contract Drafting Assignments: A Narrative Approach is a unique supplement of contract drafting exercises designed to be used with any contracts or drafting course book. Instructors who want to incorporate drafting exercises into the classroom experience will find an invaluable asset in his supplement, which provides students with the tools necessary to develop skills that can be applied to various types of advanced transactional work. Divided into four interest-catching sequences, this concise paperback takes a narrative approach, and gives students the opportunity to learn by doing: The first assignment in each sequence introduces the clients, their businesses, and their needs. In the second and third assignments those clients evolve and grow, and their business needs change. Each sequence features assignments of varying lengths and types, including gathering information, interviewing the client, outlining the issues that need to be considered from both sides of the table, and drafting the necessary memos, letters, and final contract. The assignments focus on methodologies in four areas: How to conceptualize in writing the parties rights, duties, risks, and protections. How to organize a contract on both the macro and the micro levels. How to draft for clarity and enforceability. How to express boilerplate terms. Additional resources for students and instructors include: Entertaining and informative appendices, among them What Deal Lawyers Say to Each Other: A Dictionary of Contract Negotiation and Drafting Slang Ten Tips for Interviewing a Client about a Transaction Decoding the Comments on Student Contracts: Some Samples with Illustrations Basic Contract DraftingAssignments will augment and enhance any book you are currently using by providing a wealth exercises that will help students learn real-world drafting techniques and skills.
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: Julian S. Millstein
Publisher: Law Journal Press
ISBN: 9781588520791
Category :
Languages : en
Pages : 1190
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Book Description
A practical guide to Internet business transactions. With over 65 forms and checklists from actual Internet deals and transactions, it's a hands-on guide to the law of Internet commerce.
Author: Ralph C. Ferrara
Publisher: Law Journal Press
ISBN: 9781588520692
Category : Business & Economics
Languages : en
Pages : 960
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Book Description
The authors analyze the impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Sarbanes-Oxley Act and SEC regulations regarding selective disclosure and insider trading.
