Contract Law

Drafting Commercial Agreements, 2nd Edition

By Stuart Cakebread
Law Society Publishing May 2018

Specifications

ISBN-13
9781784461119
Publisher
Law Society Publishing
Publication
May 2018
Format
Paperback + CD-ROM , 269 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Drafting and tailoring commercial agreements to your client's needs can take up valuable time in your already busy day. With its range of flexible and adaptable precedents, Drafting Commercial Agreements can help you to draw up agreements accurately and efficiently.

Thorough and practical, the book is divided into three parts:

  • Part 1 examines the basic rules, structure and construction of a commercial contract.
  • Part 2 provides a guide to common commercial clauses, including those relating to exclusion and limitation. There is a discrete chapter on how to draft a liquidated damages clause.
  • Part 3 sets out and provides commentary on a range of commercial agreements.

This new 2nd edition contains:

  • a new set of terms and conditions for e-commerce
  • a cross-border arbitration clause to try to mitigate the effects of Brexit
  • a free-standing non-disclosure agreement that can be put in place before contract negotiations begin in earnest
  • updates to take account of case law developments since the first edition was published (including Rainy Sky v. Kookmin Bank).

The documents included are intended to cover those areas most commonly encountered in commercial practice and include agency, distribution, franchising, joint ventures and the sale and supply of goods.

 

Model clauses and agreements are reproduced on a CD-ROM accompanying the book, allowing easy customisation and saving you time and money.

This new edition provides you with an easy-to-use set of templates for drafting and interpreting a broad range of commercial agreements.

Table of Contents

Part 1 - Basic rules, structure and construction of a commercial contract: 
1. The basic rules and structure of a commercial contract;
2. How a contract is construed - modern rules of construction; 
Part 2 - Commercial clauses: 
3. Limitation and exclusion;
4. Liquidated damages; 
5. Miscellaneous;
Part 3 - Specific commercial agreements:
6. Agency including commercial agency;
7. Buying/selling small/medium sized company:
8. Contractor services; 
9. Distribution; 
10. E-commerce;
11. Franchising services/goods;
12. Guarantees and indemnities; 
13. IT services; 
14. Joint Venture; 
15. Leasing of equipment; 
16. Marketing;
17. Sale/Supply of Goods;
18. Sponsorship.

About the Author

Stuart Cakebread has practised at the London Bar for more than 25 years. A barrister at Selborne Chambers, his primary fields of expertise are commercial, company and partnership, intellectual property, banking, and international arbitration and trade law. Stuart has extensive experience of advising, drafting and litigation and has appeared in many widely reported recent cases.

Reviews

"The range of flexible and adaptable precedents contained in this practical volume are designed to help you draw up agreements quickly and easily."

Phillip Taylor, Richmond Green Chambers

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