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Vol 21 No 11 Nov/Dec 2016

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The Construction and Performance of Commercial Contracts


ISBN13: 9781862879720
Published: August 2014
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £83.99



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This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts. The first Part of the work deals with general principles of interpretation.

The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners.

Subjects:
Commercial Law, Other Jurisdictions , Australia
Contents:
PART 1 - CONTEXT AND PRINCIPLES
Role of contract in contemporary commercial dealings
General Principles of Contract Construction

PART 2 - CLAUSES ALLOCATING COMMERCIAL RISK
Termination Clauses
Liquidated Damages Clauses
Exclusion Clauses
Entire Agreement Clauses
Passing of Risk clauses
Force majeure Clauses

PART 3 - CLAUSES RELATING TO PERFORMANCE
Contingent Conditions Time Provisions
Confidentiality clauses
Notice
Provisions
Further Assurance and duty to co-operate

PART 4 - CLAUSES INTRODUCING NEW PARTIES TO TRANSACTION
Assignment Clauses
Novation Nomination clause

PART 5 - CLAUSES CREATING LIABILITIES IN THIRD PARTIES
Guarantees
Indemnities

PART 6 - CLAUSES AFFECTING DISPUTE RESOLUTION
Dispute Resolution Clauses
Governing law and Jurisdiction Clauses