Commercial Contract Clauses
Author: Joshua Andrew Thomson
Publisher:
Published: 2015-09-30
Total Pages:
ISBN-13: 9780455236223
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A-Z Guide to Boilerplate and Commercial Clauses
Author: Mark Anderson
Publisher: Bloomsbury Publishing
Published: 2017-10-18
Total Pages: 769
ISBN-13: 1526500620
DOWNLOAD EBOOK →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
Boilerplate Clauses, International Commercial Contracts and the Applicable Law
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
Published: 2011-03-17
Total Pages: 427
ISBN-13: 1139500058
DOWNLOAD EBOOK →With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
International Commercial Agency and Distribution Agreements
Author: Cristelle Albaric
Publisher: Kluwer Law International B.V.
Published: 2017-03-06
Total Pages: 1178
ISBN-13: 9041169164
DOWNLOAD EBOOK →In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.
Contract in Commercial Law
Author: Simone Degeling
Publisher:
Published: 2016-12-14
Total Pages: 560
ISBN-13: 9780455237688
DOWNLOAD EBOOK →Contract in Commercial Law is a collection of essays based on the papers presented at the Contracts in Commercial Law Conference 2015. This work brings together the views of leading commentators in the area - Judges, Academics and Legal Practitioners- in this key area of the law. This publication is the fourth title in the prestigious "Commercial Law Library" series, accompanying Equity in Commercial Law, Unjust Enrichment in Commercial Law and Torts in Commercial Law. Together these works comprise an unparalleled collection of essays examining deeper controversies and issues of principle in commercial law. Contract in Commercial Law guides practitioners through a complex, difficult and controversial area of the law, offering a unique resource illuminating the many particular and difficult issues of contract law.
The Manager's Guide to Understanding Commonly Used Contract Terms
Author: Frank Adoranti
Publisher: Global Professional Publishi
Published: 2006
Total Pages: 198
ISBN-13: 9780852977583
DOWNLOAD EBOOK →* Examples are given from "real life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms * Helpful resource for corporate managers This book will familiarize the reader with the look and feel of particular contract clauses (often called boilerplate clauses) that are important in commercial contracts. In negotiations, some executives will only scrutinize the commercial or "deal" terms of the contract. The rest is usually left "for the lawyers to sort out." However, the boilerplate clause will usually govern or regulate the other commercial or "deal" clauses. They play a vital part in the contract. It is only through the process of familiarization that you can begin to understand their effects. The important thing is to be able to identify these clauses and to understand what they are trying to achieve by their inclusion in the contract, which will place you well ahead of most other business executives in this area.
A-Z of Contract Clauses
Author: Deborah Fosbrook
Publisher: Carswell Legal Publications
Published: 1996
Total Pages: 519
ISBN-13: 9780421507203
DOWNLOAD EBOOK →For those involved in the negotiating and drafting of commercial contracts and licensing agreements, this package allows the user to lift and adapt a specific clause from a variety of similar ones within a given field, industry or service industry. The extensive range of contract clauses is arranged alphabetically, and each individual clause is identified by a clear heading, indicating the industry to which it is best suited. The book includes a WordPerfect disk containing all the clauses, mirroring the written page, enabling the user to extract relevant clauses and insert them in the main contracts.
Mediation and Commercial Contract Law
Author: Maryam Salehijam
Publisher: Routledge
Published: 2020-12-10
Total Pages: 155
ISBN-13: 1000262464
DOWNLOAD EBOOK →There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.
A-Z Guide to Boilerplate and Commercial Clauses
Author: Mark S. Anderson
Publisher: Butterworths
Published: 2005-03
Total Pages:
ISBN-13: 9780406977335
DOWNLOAD EBOOK →This title 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 frequently encountered 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; relevant precedents in full; statutory definitions. For ease of reference, the clauses are arranged in alphabetical order. For quick application of the drafting principles, a disk containing the full text of all clauses and precedents is included free with the book.
The Fundamentals of Contract Law and Clauses
Author: Nancy S. Kim
Publisher: Edward Elgar Publishing
Published: 2016-09-30
Total Pages: 217
ISBN-13: 1783479434
DOWNLOAD EBOOK →This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.
