Negotiating And Drafting Contract Boilerplate

Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 1588521052
Size: 10.56 MB
Format: PDF, Kindle
View: 82

Educates lawyers and business professionals about the importance of boilerplate language. Each chapter of this book tackles a different contractual provision, and analyzes why it is important, what the key legal and business issues are, what is negotiable and what is not, and how best to draft the provision to suit a particular transaction.

Drafting Contracts

Author: Tina L. Stark
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454829058
Size: 16.13 MB
Format: PDF
View: 45

An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises

Drafting And Negotiating Commercial Contracts

Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 9781784512668
Size: 16.77 MB
Format: PDF, Mobi
View: 84

This comprehensive coverage of practical contractual matters acts as a 'one-stop' shop for everyone who wishes to understand, or has to negotiate or draft, a commercial contract. It includes a guide to the common legal issues in negotiating and drafting contracts; an explanation of the structure and contents of a commercial contract; good and bad practice in drafting (and in using clear, modern English); the meaning of and use of commonly-used words, phrases and legal jargon; the formalities for creating and signing contracts; commentary on the use of electronic drafting and electronic signatures; and guidance on the interpretation of contracts. In addition to being fully revised and updated, it takes into account the changes brought about by new or amended law and practice. This edition also includes: a new introductory section covering the formalities of entering into contracts; a new section on best practice for contracts which are signed and sent by email among the parties (R (on application of Mercury Tax Group and another) v HMRC); revisions to existing sections and a new section dealing with the continuing dominance and onward march of Investors Compensation Scheme West Bromwich Building Society and Chartbrook Ltd v Persimmon Homes Ltd & another; implications of the Consumer Contracts Regulations 2013 and the Consumer Act 2015; and expansion of the chapter covering legal terms and lawyers' jargon. This book is essential reading for commercial lawyers, contract managers, and anyone involved in negotiating and drafting commercial contracts. [Subject: Commercial Law, Contract Law, Corporate & Business Strategy, Tort Law, Restitution Law]

A Manual Of Style For Contract Drafting

Author: Kenneth A. Adams
Publisher: American Bar Association
ISBN: 1590313801
Size: 17.96 MB
Format: PDF, ePub
View: 52

The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.

Contractual Indemnities

Author: Wayne Courtney
Publisher: Bloomsbury Publishing
ISBN: 9781782253891
Size: 16.42 MB
Format: PDF, ePub, Mobi
View: 24

Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law. The book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises; general principles of construction; the determination of scope; and the enforcement of indemnities. The approach then moves from the general to the specific, by examining separately particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties. The book states English law but it draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand and Singapore. It will appeal to readers from those countries.

International Sales Agreements

Author: James M. Klotz
Publisher: Kluwer Law International
ISBN: 9789041127310
Size: 13.54 MB
Format: PDF, Docs
View: 23

Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement that can rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs--all these and more must be taken into account in contract negotiations. This is the second edition, expanded and updated, of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organised according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of model clauses designed to cover every contingency, including such factors as the following (and a great deal more): definitions; Incoterms; price adjustments; documentation; labelling; delivery dates; transportation modes; limitation of liability; confidentiality; arbitration; and antitrust issues. Although the clauses are drawn without reference to any particular country, relevant national circumstances are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise as it goes. It would be hard to find a more useful guide.