Commercial Contracts

A Practical Guide to Deals, Contracts, Agreements and Promises

Author: C. P. Thorpe,Chris P. Thorpe,John C. L. Bailey

Publisher: Kogan Page Publishers

ISBN: 9780749428426

Category: Commercial documents

Page: 246

View: 8501

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The law of contract is the legal framework within which all business activity is conducted. It is vital for those in business to understand its basic principles and their commercial implications. Many businesses, however, evidently still believe that in the absence of a signed document no contract can exist, and may routinely sign documents that contain small print. Commercial Contracts provides an accessible guide to the basic principles of contract law and places them clearly and concisely in their commercial context. Using real examples, two practicing lawyers introduce English contract law, assuming no prior knowledge of the subject. They highlight areas where practical problems arise and examine possible solutions, with the aim of showing not only how to recognize these problems but how to deal with them in practice.
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Commercial Contracts

Strategies for Drafting and Negotiating

Author: Vladimir R. Rossman,Morton Moskin

Publisher: Aspen Publishers Online

ISBN: 145483109X

Category: Law

Page: 2644

View: 9721

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In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more
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Commercial Contracts

Strategies for Drafting and Negotiating

Author: Morton Moskin

Publisher: Aspen Publishers Online

ISBN: 0735528322

Category: Law

Page: N.A

View: 1957

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In two comprehensive volumes, Aspen Publishers’ Commercial Contracts: Strategies for Drafting and Negotiating presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from intellectual property licenses to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references Footnotes and cross-references and much more
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Using Commercial Contracts

A Practical Guide for Engineers and Project Managers

Author: David Wright

Publisher: John Wiley & Sons

ISBN: 111915250X

Category: Law

Page: 312

View: 9648

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Using Commercial Contracts: a practical guide for engineers and project managers examines how the law of contract operates, and the way in which the legal system interprets what a contract actually means. By giving clear, readable and expert advice on key legal issues, this guide provides the manager and engineer with an easily understandable and practical approach to the laws of contract.
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The Construction of Commercial Contracts

Author: JW Carter

Publisher: Bloomsbury Publishing

ISBN: 1782250573

Category: Law

Page: 716

View: 2422

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This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
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Commercial Contracts

A Practical Guide to Standard Terms

Author: R. G. Lawson,Susan Singleton

Publisher: A&C Black

ISBN: 1847668674

Category: Law

Page: 424

View: 3747

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Commercial Contracts: A Practical Guide to Standard Terms is an invaluable guide to the practical aspects of drafting and interpreting commercial contracts. It provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: key common clauses; when to use standard terms; procedures and good practice; termination of contracts; remedies for breach; and the specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on business-to-business and business-to-consumer agreements, providing users with an excellent tool for drafting commercial contracts. Includes important new case law on: - how to incorporate terms into a contract - how an exclusion clause must be drafted to have full effect - the terms as to quality implied into contracts by the Sale of Goods Act 1979 - what constitute reasonable and fair terms under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. There is also an account of the new rights to cancel contracts introduced by the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 Includes detailed coverage of the changes made in the area of hire purchase and conditional sale agreements by the Consumer Credit Act 2006 and the important changes to be introduced in this area under EU law from 1 February 2011.
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International Commercial Contracts

Applicable Sources and Enforceability

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 110702918X

Category: Law

Page: 346

View: 8254

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The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.
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Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 1139500058

Category: Law

Page: N.A

View: 6001

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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.
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Commercial Contracts

Drafting Techniques and Precedents

Author: Rachel Burnett

Publisher: Thorogood Reports

ISBN: 9781854187024

Category: Business & Economics

Page: 200

View: 2392

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This briefing takes into account relevant legislation and case law. For all points of the law and critical distinctions, you will find crystal-clear explanations and guidelines to a host of case studies illustrating the law and its application. When you sit down to draft a contract today you have to think of so many issues. For example, more cases are now being argued with reference to the Human Rights Act: how might your contract be interpreted in the light of it and what are the dangers of infringing it? The distinction between exclusions of liability and limits of liability can cause problems, as of course can the difference between best endeavors and reasonable endeavors. These and many other vital questions are all covered in this expert Briefing.
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The Applicable Law to International Commercial Contracts and the Status of Lex Mercatoria - With a Special Emphasis on Choice of Law Rules in the European Community

Author: Mert Elcin

Publisher: Universal-Publishers

ISBN: 1599423030

Category: Law

Page: 90

View: 2428

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International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
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