A-Z Guide to Boilerplate and Commercial Clauses

by Mark Anderson, Victor Woroner

Overview

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

Product Details

ISBN-13:	9781526500601
Publisher:	Bloomsbury Academic
Publication date:	09/29/2017
Edition description:	Fourth Edition
Pages:	744
Product dimensions:	6.69(w) x 9.61(h) x 1.56(d)

About the Author

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.

Table of Contents

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.