Download or read book A Z of Contract Clauses written by Deborah Fosbrook and published by Carswell Legal Publications. This book was released on 1996 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The A Z of Contract Clauses written by Deborah Fosbrook and published by Bloomsbury Professional. This book was released on 2020-12-10 with total page 1784 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Complete A Z of Contract Clauses Pack written by Deborah Fosbrook and published by . This book was released on 2016-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Z Guide to Boilerplate and Commercial Clauses written by Mark Anderson and published by . This book was released on 1998 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The A Z of Contract Clauses written by Deborah Fosbrook and published by Bloomsbury Publishing. This book was released on 2022-01-12 with total page 2707 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Z Guide to Boilerplate and Commercial Clauses written by Mark S. Anderson and published by Butterworths. This book was released on 2005-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Z Guide to Boilerplate and Commercial Clauses written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2017-10-18 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Fundamentals of Contract Law and Clauses written by Nancy S. Kim and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.
Download or read book The Government Contracts Reference Book written by Ralph C. Nash and published by CCH Incorporated. This book was released on 1998 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Macdonald s Exemption Clauses and Unfair Terms written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2022-04-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contract and Copyright Drafting Skills written by Deborah Fosbrook and published by Bloomsbury Publishing. This book was released on 2016-06-11 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fraud and Breach of Warranty written by Simon Salzedo KC and published by Bloomsbury Publishing. This book was released on 2020-09-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Handbook of Contract Management in Construction written by Ali D. Haidar and published by Springer Nature. This book was released on 2021-06-10 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Drafting and Negotiating Commercial Contracts written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2023-02-13 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Download or read book Alternative Clauses to Standard Construction Contracts written by James E. Stephenson and published by Aspen Publishers. This book was released on 1990 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This valuable reference, edited by one of the most respected names in construction law, presents the modifications and alternative clauses used by experienced attorneys in changing the most frequently discussed and controversial sections of the standard forms. In presenting selected alternative contract clauses to the AIA contracts, this book addresses the concerns of owners, developers, contractors, subcontractors and others who wish to supplement of modify the standard forms, and provides a complete rationale for each suggested modification. Attorneys for the various parties, on a variety of construction projects, can now easily shift project risks and liabilities to better project client interests by employing proven alternative clauses for contracts between owners and architects, and owners and contractors are included, and certain improvements to AIA's cost-plus construction contract forms are presented. the outstanding contributors to this work also address payment disputes that delay damage issues and other frequently contested and amended 'hot spots.' the most comprehensive sourcebook of its kind, Alternative Clauses to Standard Construction Contracts points up the benefits and limitations of each clause as seen from the standpoint of each party involved.
Download or read book Breach of Contract written by Oliver Hofmann and published by Springer Nature. This book was released on 2021-02-11 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Efficient breach” is one of the most discussed topics in the literature of law and economics. What remedy incentivizes the parties of a contract to perform contracts if and only if it is efficient? This book provides a new perception based on an in-depth analysis of the impact the market structure, asymmetry of information, and deviations from the rational choice model have, comprehensively. The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages. The book illustrates the complexity such a comparison has under more realistic assumptions. The author shows that no simple answer is possible, but one needs to account for the circumstances. The comparison takes an economic approach to law applying game theory. The game-theoretic models are consistent throughout the entire book which makes it easy for the reader to understand what effects different assumptions about the market structure, the distribution of information, and deviations from the rational choice model have, and how they are intertwined.
Download or read book Contract and Copyright Drafting Skills written by Deborah Fosbrook and published by Bloomsbury Publishing. This book was released on 2016-06-11 with total page 855 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
