Details
"The structure of the book is coherent and very well suited for everyday usage... an essential tool for any practitioner who is dealing with commercial contracts." German- British Chamber of Industry & Commerce
This new edition 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.
Section A: Commentary;
A1 Forming and Concluding a Contract; A2 Common and Specific Clauses; A3 Export Contracts – Special Issues; A4 Software Contracts – Special Issues; A5 Consumer Contracts – Special Issues;
Section B: Business-to-Business Contracts;
B1 Terms and Conditions for the Sale of Goods; B2 Terms and Conditions of Purchase; B3 Licence of Computer Software – Buyer/Licensee; B4 Professional Services Agreement – Supplier; B5 Professional Services Agreement – Buyer; B6 Terms and Conditions for Sale of Goods by Export –Supplier; B7 Terms and Conditions for Purchase of Goods and Services by Import –Buyer;
Section C: Business-to-Consumer Contracts;
C1 Consumer Contracts – Distance Selling; C2 Hire Purchase Contracts; C3 Online Terms and Conditions of Sale; C4 Online Terms and Conditions for the Supply of Software.
Commercial Contracts: A Practical Guide to Standard Terms is a book aiming at practitioners who are drafting or interpreting commercial contracts including standard terms. The structure of the book is coherent and very well suited for everyday usage.
The book is divided into tree sections: The first section provides general information on crucial aspects of commercial contracts. The second section focuses on business-to-business contracts while the third section deals with business-to-consumer contracts.
Each chapter of a section features a specific type of contract. The chapters start with a summary called “at a glance” and finish with a checklist which reminds the reader of the most important aspects of the chapter. The chapters also feature sample clauses and precedents. Due to this structure, almost any practical question can be answered instantly.
The third edition covers all recent developments in the new legislation and case law.
In conclusion, the book is an essential tool for any practitioner who is dealing with commercial contracts.
German-British Chamber of Industry & Commerce
