A-Z Guide to Boilerplate and Commercial Clauses
4th Edition
Published on 29. September 2017
Book
Mixed media product
744 pages
978-1-5265-0060-1 (ISBN)
Description
Need help with contract clauses, but only got a few minutes?
An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples.
Now covers:
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
The legal effectiveness of 'no amendment' or 'no variation' clauses
Legal frameworks and how the courts will view such clauses during a dispute
New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive
Also 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
This title is included in Bloomsbury Professional's Company and Commercial Law online service.
An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples.
Now covers:
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
The legal effectiveness of 'no amendment' or 'no variation' clauses
Legal frameworks and how the courts will view such clauses during a dispute
New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive
Also 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
This title is included in Bloomsbury Professional's Company and Commercial Law online service.
More details
Edition
4th edition
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 248 mm
Width: 156 mm
Weight
1319 gr
ISBN-13
978-1-5265-0060-1 (9781526500601)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Mark Anderson is Managing Partner of Anderson Law. He drafts, negotiates and advises on commercial agreements and has over 30 years' experience as a commercial and intellectual property lawyer. Mark's clients include commercial companies (both publicly-quoted and private companies, including SMEs), professional service firms (including overseas law firms), universities, hospitals and other charities, funding bodies, investors, and individual inventors and entrepreneurs. His clients are based mostly in England and Wales, but also in Continental Europe, North America and Australasia.
Victor Warner is a solicitor and consultant with Anderson Law. Victor is the lead author of several legal textbooks and loose-leaf works produced by Anderson Law, including Drafting and Negotiating Commercial Contracts (4th Ed) and Technology Law (3rd Ed) both published by Bloomsbury Professional.
Victor Warner is a solicitor and consultant with Anderson Law. Victor is the lead author of several legal textbooks and loose-leaf works produced by Anderson Law, including Drafting and Negotiating Commercial Contracts (4th Ed) and Technology Law (3rd Ed) both published by Bloomsbury Professional.
Content
Introduction;
Affiliates, group companies and subsidiaries;
Agency, partnership and joint venture (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 and acknowledgement of non-reliance;
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;
Payment terms;
Priority of terms;
Receipts;
Recitals;
Reporting;
Retention of title;
Schedules;
Set-off and retention;
Severance and invalidity;
Stamp duty (and Stamp Duty Land Tax);
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;
Appendix Boilerplate Agreement.
Affiliates, group companies and subsidiaries;
Agency, partnership and joint venture (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 and acknowledgement of non-reliance;
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;
Payment terms;
Priority of terms;
Receipts;
Recitals;
Reporting;
Retention of title;
Schedules;
Set-off and retention;
Severance and invalidity;
Stamp duty (and Stamp Duty Land Tax);
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;
Appendix Boilerplate Agreement.