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Vol 22 No 9 Sept/Oct 2017

Book of the Month

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Corruption and Misuse of Public Office

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A-Z Guide to Boilerplate and Commercial Clauses 4th ed


ISBN13: 9781526500601
Previous Edition ISBN: 9781847668950
Published: October 2017
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback + Online
Price: £150.00 + £15.00 VAT



In stock.

Boilerplate clauses are a vital part of the majority of commercial contracts.

This updated fourth edition of A-Z Guide to Boilerplate and Commercial Clauses 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 the contract drafter and user frequently encounter 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
  • A summary of relevant law, including statutory definitions and case law
  • Precedents available as electronic downloads
For ease of reference, the clauses are arranged in alphabetical order and laid out in a modern, clear and accessible format. The book includes a set of typical boilerplate terms as they might be found in a lengthy commercial contract.

Since the last edition, major developments in both case law and legislation have resulted in the revision and expansion of sections which deal with:-

  • New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 {SI 2016/679) and the Trade Secrets Directive {216/943)
  • The decisions in cases which have affected for example:
      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, and
  • The legal effectiveness of 'no amendment' or 'no variation' clauses
This edition of A-Z Guide to Boilerplate and Commercial Clauses expands the legal commentary and practical guidance to help you better understand the legal framework underpinning a boilerplate and commercial clause and how the courts will view them in the event of a dispute.

Comprehensive and organised for ease of use, the book will guide you through each clause, explaining its purpose, considering its relevance to an agreement, discussing drafting issues and providing illustrative examples.

Subjects:
Contract Law, Commercial Law
Contents:
Introduction
Acknowledgements
Affiliates, group companies and subsidiaries
Agency and partnership (denials of)
Agents for service
Agreeing to enter and signing an agreement (execution and signature block clauses)
Amendment or variation
Announcements
Appointment
Arbitration, alternative dispute resolution and the use of experts
Assignment and novation
Auditing, inspection and records
Best endeavours, reasonable endeavours and all reasonable endeavours
Breach
Capacity (and authority)
Charges
Commencement date
Completion
Conditions precedent and subsequent
Confidentiality
Consent
Consequences of termination (survival of terms)
Consultation
Consumer contracts
Contra proferentem
Contracts (Rights of Third Parties) Act 1999
Costs and expenses
Counterparts (or duplicates)
Covenants
Cumulative remedies
Currency
Data protection
Date of agreement
Deeds
Definitions
Deposits and part payments
Disclaimers
Entire and final agreement
Exclusive, non-exclusive and sole
Exemption clauses
Expiry and termination at will
Force majeure
Freedom on information
Further assurance
Good faith
Indemnities
Indexation (inflation)
Insolvency (termination for)
Insurance
Intellectual property
Interest
Interpretation
Joint and several liability
Language
Law and jurisdiction
Months and other expressions of time
Net sales value (or net invoice price)
Notices
Option and right of first refusal
Parties
Partnership (denial of)
Payment terms
Priority of terms
Receipts
Recitals
Reporting
Retention of title
Schedules
Set-off and retention
Severance and invalidity
Stam duty
Sub-contracting
Subject to contract (and other denials of a legally-binding contract)
Successors and assigns
Termination for breach
Territory
Time of the essence
Title (or property) at risk
VAT
Waivers and releases
Warranties
Appendix Boilerplate Ageement