A Z Of Contract Clauses
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A Z Of Contract Clauses
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Author : Deborah Fosbrook
language : en
Publisher: Carswell Legal Publications
Release Date : 1996
A Z Of Contract Clauses written by Deborah Fosbrook and has been published by Carswell Legal Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Clauses (Law) categories.
For those involved in the negotiating and drafting of commercial contracts and licensing agreements, this package allows the user to lift and adapt a specific clause from a variety of similar ones within a given field, industry or service industry. The extensive range of contract clauses is arranged alphabetically, and each individual clause is identified by a clear heading, indicating the industry to which it is best suited. The book includes a WordPerfect disk containing all the clauses, mirroring the written page, enabling the user to extract relevant clauses and insert them in the main contracts.
The A Z Of Contract Clauses
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Author : Deborah Fosbrook
language : en
Publisher: Bloomsbury Professional
Release Date : 2020-12-10
The A Z Of Contract Clauses written by Deborah Fosbrook and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
A master toolkit of contract clauses drafted by experts in copyright and contract. Thousands of clauses ready for you to use and adapt. Save time and effort when creating a new licence, option, assignment or agreement for services for a contributor; drafting heads of agreements; amending a contract a third party has sent you; or updating and amending your existing in-house contracts. Organised clearly by subject area, each main clause heading is further broken down across types of use such as film and television, general business and commercial, internet, websites, merchandising, publishing, services, and educational. Clauses are drafted from different angles and some are more innovative. It also includes a legal, commercial and business directory, which can be used to further develop your knowledge of the subject and find new contacts. This new edition has been updated to take account of new technology, legislation and the impact of the internet and social media. New material includes: - A greater emphasis on IP, trademarks and ownership of material, both the acquisition of rights and the retention of rights. - 8 new short articles. - New and innovative clauses which will then be used and adapted across many industry agreements. - Expansion of the web directory. New clauses relating to: - Collaboration and funding agreements for a project. - Purchase and sale of a list of assets. - Website terms and conditions. - Consent, data, privacy and data protection. - Legal compliance and the limitation of risk exposure. - Advertising, marketing, consulting and sponsorship. - Subscription, on demand and other forms of payment and access.
The Complete A Z Of Contract Clauses Pack
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Author : Deborah Fosbrook
language : en
Publisher:
Release Date : 2016-06-30
The Complete A Z Of Contract Clauses Pack written by Deborah Fosbrook and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-30 with Law categories.
A Z Guide To Boilerplate And Commercial Clauses
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Author : Mark Anderson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-18
A Z Guide To Boilerplate And Commercial Clauses written by Mark Anderson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Law categories.
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
A Z Guide To Boilerplate And Commercial Clauses
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Author : Mark S. Anderson
language : en
Publisher: Butterworths
Release Date : 2005-03
A Z Guide To Boilerplate And Commercial Clauses written by Mark S. Anderson and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03 with categories.
This title provides up-to-date, practical drafting guidance on the purpose and effect of a wide range of boilerplate clauses in common use. It also covers a selection of other contract clauses frequently encountered in many types of commercial agreement. The book includes: a step-by-step commentary; examples of best practice in different situations; detailed notes on each type of boilerplate clause; relevant precedents in full; statutory definitions. For ease of reference, the clauses are arranged in alphabetical order. For quick application of the drafting principles, a disk containing the full text of all clauses and precedents is included free with the book.
The A Z Of Contract Clauses
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Author : Deborah Fosbrook
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-12
The A Z Of Contract Clauses written by Deborah Fosbrook and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-12 with Law categories.
This book and the accompanying electronic download is a major new edition and allows you access to thousands of skillfully drafted contract clauses across a range of industries and scenarios which you can edit and adapt. It has been used by lawyers, agents, distributors, producers, authors, trade and regulatory organisations and commercial companies since 1996. Samples of the types of agreements include commissioning, production, distribution and sponsorship agreements, exclusive licences, location access, buyouts and assignments, merchandising and sub-licensing to third parties. It is a great stepping stone from a contract law course – and a useful training tool and resource as it helps you understand the actual issues and the variety of choices which are made relating to copyright and contracts in the real world. This book will fast track your ability to understand copyright, rights and contracts to another level and be used routinely for inspiration and ideas. The clauses will help you protect your copyright, limit your liability, restrict the scope of an indemnity and encourage you to increase your potential revenue. The sub-section relating to the Internet, Websites and Apps has been expanded as have many sections throughout the book. There are numerous definitions including Rights, Gross Receipts, Territory and Title. You are able to research potential topics by name and use the extensive cross references in the index. The whole purpose of this book is to help you understand what terms you could negotiate which are to your advantage; to be able to propose actual clauses when you ask for amendments to a contract; and to ensure that you draft documents which cover all the important topics. The aim is to improve your background knowledge of contract drafting which in turn will develop your negotiation skills. Each clause in this book is like a building block in the steps to create a contract. Clauses are deliberatedly drafted in a wide variety of ways – and favour one party or the other. There are eight new articles; a new section on Codes and Policies and hundreds of new clauses.
Fraud And Breach Of Warranty
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Author : Simon Salzedo KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-09-24
Fraud And Breach Of Warranty written by Simon Salzedo KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with Law categories.
Claims of fraud and breach of warranty are common following the purchase of a business. They often mix tort and breach of contract and may involve specialist aspects such as notification provisions and escrow mechanisms. This new title provides a practitioner's guide to claims of fraud and breach of warranty from a leading commercial QC with great experience in this field. Key questions to be considered include: 1. When can a warranty also be a representation? Cases include Idemitsu Kosan v Sumitomo [2016] 2 CLC 297 2. When is a warranty claim properly notified and served? Cases to be considered include Nobahar-Cookson v Hut Group [2016] EWCA Civ 128 and Teoco v Aircom Jersey 4 Ltd [2018] EWCA Civ 23 3. When is has fair disclosure been given? Cases include New Hearts v Cosmopolitan Investments [1997] 2 BCLC 249, Infiniteland v Artisan Contracting [2006] 1 BCLC 632 4. What are the requirements for proving fraud in the context of sale of a business? Cases include Belfairs v Sutherland [2010] EWHC 2276 (Ch) 5. When is an accounting fraud attributed to the seller? Cases include Man v Freightliner [2005] EWHC 2347 (Comm) and Hut Group v Nobahar-Cookson [2014] EWHC 3842 (QB) 6. What are the remedies for fraud and breach of warranty and how are damages calculated? Cases include Lion Nathan v CC Bottlers [1996] 1 WLR 1438, Senate Electrical v Alcatel Submarine [1999] 2 Lloyd's Rep 423 7. When can the seller claim for loss of earnout under purchaser's warranties? Cases include Porton v 3M [2011] EWHC 2895 (Comm) and Kitcatt v MMS [2017] 2 BCLC 352
Contract And Copyright Drafting Skills
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Author : Deborah Fosbrook
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-11
Contract And Copyright Drafting Skills written by Deborah Fosbrook and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-11 with Law categories.
Contract and Copyright Drafting Skills is a brand new title which will help you develop and create greater flexibility in your drafting skills. Using clear explanations and practical examples your ability to write clauses, draft, negotiate, analyse and review contracts will be enhanced. It is designed to be used in conjunction with your own precedent bank or alongside The A-Z of Contract Clauses, Sixth Edition. This title gives guidance on the variety of techniques that can be used in drafting contracts including the significance of the purpose of the agreement and the focus of the outcome. In addition it covers definitions, an important aspect of contract drafting, and also general background factors that can be useful to consider when drafting a contract. Contract and Copyright Drafting Skills will help you to appreciate the elements that can be edited in a clause thereby widening, decreasing or improving liability, risk, costs, revenue and control of rights. It also explains the process of the expansion, reduction and adaptation of clauses to meet the needs of the circumstances of the parties giving you the confidence to make that assessment and to focus on the aim of achieving the best agreement in the circumstances. Whether new to contact drafting or an experienced contract drafter, whether a lawyer or non-lawyer Contract and Copyright Drafting Skills will provide you with all the tools and guidance you need to become an expert contract drafter.
Handbook Of Contract Management In Construction
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Author : Ali D. Haidar
language : en
Publisher: Springer Nature
Release Date : 2021-06-10
Handbook Of Contract Management In Construction written by Ali D. Haidar and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-10 with Technology & Engineering categories.
This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.
Macdonald S Exemption Clauses And Unfair Terms
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Author : Mark Anderson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-29
Macdonald S Exemption Clauses And Unfair Terms written by Mark Anderson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-29 with Law categories.
An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, 'fundamental breach', etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the 'requirement for reasonableness' - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.