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Commercial Contract Clauses

Commercial Contract Clauses
Author: Joshua Andrew Thomson
Publisher:
Total Pages:
Release: 2015-09-30
Genre: Clauses (Law)
ISBN: 9780455236223

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Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Boilerplate Clauses, International Commercial Contracts and the Applicable Law
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
Total Pages: 427
Release: 2011-03-17
Genre: Law
ISBN: 1139500058

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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.


A-Z Guide to Boilerplate and Commercial Clauses

A-Z Guide to Boilerplate and Commercial Clauses
Author: Mark Anderson
Publisher: Bloomsbury Publishing
Total Pages: 769
Release: 2017-10-18
Genre: Law
ISBN: 1526500620

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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


International Commercial Agency and Distribution Agreements

International Commercial Agency and Distribution Agreements
Author: Cristelle Albaric
Publisher: Kluwer Law International B.V.
Total Pages: 1178
Release: 2017-03-06
Genre: Law
ISBN: 9041169164

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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.


Drafting and Negotiating Commercial Contracts

Drafting and Negotiating Commercial Contracts
Author: Mark Anderson
Publisher: Bloomsbury Publishing
Total Pages: 425
Release: 2023-02-13
Genre: Law
ISBN: 1526517256

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This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.


Contract in Commercial Law

Contract in Commercial Law
Author: Simone Degeling
Publisher:
Total Pages: 560
Release: 2016-12-14
Genre: Commercial law
ISBN: 9780455237688

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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.


A-Z of Contract Clauses

A-Z of Contract Clauses
Author: Deborah Fosbrook
Publisher: Carswell Legal Publications
Total Pages: 519
Release: 1996
Genre: Clauses (Law)
ISBN: 9780421507203

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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.


The A-Z of Contract Clauses

The A-Z of Contract Clauses
Author: Deborah Fosbrook
Publisher: Bloomsbury Professional
Total Pages: 1784
Release: 2020-12-10
Genre: Law
ISBN: 9781526512154

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A master toolkit of contract clauses drafted by experts in copyright and contract. Thousands of clauses ready for you to use and adapt. Save time and effort when creating a new licence, option, assignment or agreement for services for a contributor; drafting heads of agreements; amending a contract a third party has sent you; or updating and amending your existing in-house contracts. Organised clearly by subject area, each main clause heading is further broken down across types of use such as film and television, general business and commercial, internet, websites, merchandising, publishing, services, and educational. Clauses are drafted from different angles and some are more innovative. It also includes a legal, commercial and business directory, which can be used to further develop your knowledge of the subject and find new contacts. This new edition has been updated to take account of new technology, legislation and the impact of the internet and social media. New material includes: - A greater emphasis on IP, trademarks and ownership of material, both the acquisition of rights and the retention of rights. - 8 new short articles. - New and innovative clauses which will then be used and adapted across many industry agreements. - Expansion of the web directory. New clauses relating to: - Collaboration and funding agreements for a project. - Purchase and sale of a list of assets. - Website terms and conditions. - Consent, data, privacy and data protection. - Legal compliance and the limitation of risk exposure. - Advertising, marketing, consulting and sponsorship. - Subscription, on demand and other forms of payment and access.


The Fundamentals of Contract Law and Clauses

The Fundamentals of Contract Law and Clauses
Author: Nancy S. Kim
Publisher: Edward Elgar Publishing
Total Pages: 217
Release: 2016-09-30
Genre: Business & Economics
ISBN: 1783479434

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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.


Mediation and Commercial Contract Law

Mediation and Commercial Contract Law
Author: Maryam Salehijam
Publisher: Routledge
Total Pages: 155
Release: 2020-12-10
Genre: Law
ISBN: 1000262464

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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.