This popular book clearly and concisely de-constructs the boilerplate clauses commonly used in commercial contracts. No matter how obscure or complicated the clause, this book will enable you to negotiate and comprehend the boilerplate clause, and draft your own. This invaluable guidance and detail is provided in a practical alphabetical format - a unique feature that enables you to locate vital information in seconds. The following invaluable knowledge and information is provided for each and every boilerplate: An explanation of the purpose of the clause; A discussion of the issues and problems you'll encounter drafting the clause; Practical samples of commonly used precedents; A summary of the underlying law, including consumer law issues where relevant; An explanation of relevant major cases that have affected the interpretation of the clause.
Includes new precedent material on the obligations on a party to comply with particular regulatory and/or governmental laws and standards; the handling of data (and its movement within or outside the EEA); due diligence issues; new material dealing with how companies (and limited liability partnerships) can sign deeds (and other documents) following the implementation of the Companies Act 2006 (April 2008 for companies; October 2009 for limited liability partnerships). Previous ISBN: 9781845920937
Mark Anderson, partner and Victor Warner, solicitor, Anderson Law LLP
Introduction; Acknowledgments; 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 of 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; Stamp 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) and risk; Value Added Tax; Waivers and releases; Warranties.