Boilerplate and Commercial Clauses
(Part of the Encyclopaedia of Forms and
Precedents)
This title comprises a wide selection of those clauses common to most commercial contracts which govern the general operation of the agreement and the respective rights of the parties. These clauses have become known as “boilerplate clauses”.
The fact that provisions of this nature are regularly used and are usually drafted in a familiar form of wording can lead to too little attention being paid to them when a contract is drawn up, with the possibility that an oversight as to a detail might eventually place a party at an unforeseen disadvantage. It is therefore the aim of this title to gather together the widest possible selection of contract boilerplate clauses in current usage, and to provide guidance as to their use and as to drafting generally. The grouping of such clauses also offers the opportunity for readers to compare and contrast the various drafting methods of dealing with a contractual issue, and select the example which corresponds most closely with their clients wishes.
Re-published in 2001, the text and precedents have been greatly expanded to reflect the ever-increasing technical sophistication of commercial contracts. Some types of clause which have hitherto been inserted into contracts as a matter of course are now being questioned by the courts, for example, entire agreement clauses, and liability exemption clauses. The consequences which may now need to be considered by the draftsman in these areas are outlined in this title.
New topics in this volume include such basic building blocks as the form of the contract; delivery; recitals; parties; attestation; expressions of time; liability of affiliates and subsidiaries; conditions precedent and subsequent; best endeavours clauses; receipts and acknowledgments; and amendment and variation.
For the first time, precedents of certain agreements ancillary to the main agreement have been provided. Such agreements include heads of terms , i.e. documents which record the intentions of the parties wishing to enter into an agreement but are not legally binding; amending agreements; novation agreements; and settlement agreements.
The Contracts (Rights of Third Parties) Act 1999 has made important changes to English contract law with regard to the doctrine of privity of contract. A detailed summary of these changes, together with practical drafting considerations and a selection of “inclusion” and “exclusion” clauses for use in commercial agreements, are set out in this title.
This book can be purchased directly from Tottel Publishing (click here to be taken to our page which will provide a direct link to the relevant page on their web site) In addition, you can purchase from legal bookshops, such as Hammicks or Wildy & Son.
 |
 |
 |
|
 |
|
 |
|
|