Subjects:

Commercial Law

Contents:

Part 1: Introduction

1. Why have standard terms at all?

the advantages and disadvantages of standard terms

the need for flexibility

2. General drafting considerations

preparing to draft and taking instructions

drafting for clarity

drafting for acceptance

drafting for reasonableness

3. The formation of contracts and the incorporation of standard terms

Part 2: Potential Liabilities and their exclusion or avoidance

4. Potential liabilities in the supply of goods: implies terms relating to quality etc

product liability

damages

5. Express warranties and guarantees

6. Exclusion and similar clauses

their effectiveness at common law and the effects of the Unfair Contracts Terms Act 1977

indemnities

Part 3: Delivery and Payment Obligations

7. Different types of contract: sale, supply, hire, hire purchase etc.

8. Delivery and payment

drafting appropriate terms

discounts

penalties and interest

9. Retention of title and other security devices

Part 4: Other Terms.

Written to address practitioners' needs when drafting and interpreting contracts, this text provides full, practical guidance on the drafting of standard conditions of sale and other supply contracts. It also provides a detailed examination of the underlying law.

Following the success of the first edition, this reliable work has been extensively rewritten to take account of important developments such as:-

• the Unfair Terms in Consumer Contracts Regulations 1994 which implement the EC Directive on Unfair Contract Terms
• the Sale and Supply of Goods Act 1994
• the Sale of Goods Amendment Act 1995
• key case law, including Stewart Gill v Horatio Myer

To clarify the drafting process, the book has been divided into two comprehensive parts - one dealing with general matters affecting drafting and a second part dealing with specific issues and particular types of clause. Specimen clauses are used throughout to illustrate different drafting techniques, and the author provides thorough coverage of all the different options available, as well as a checklist of matters for consideration by the draftsman. The book also summarises the relevant substantive law, explaining how terms should be d