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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published

Drafting Standard Terms of Trading 2nd ed

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ISBN13: 9780752001494
ISBN: 0752001493
Published: December 1995
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £35.00
(Second Hand)

In stock second-hand.

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

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Commercial Law
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
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
Part 3: Delivery and Payment Obligations
7. Different types of contract: sale, supply, hire, hire purchase etc.
8. Delivery and payment
drafting appropriate terms
penalties and interest
9. Retention of title and other security devices
Part 4: Other Terms.