Boilerplate: Practical Clauses is a concise guide to the most commonly used boilerplate clauses for commercial contracts. It explains the rules, guidelines and principles of law behind the clauses to help you draft, negotiate and advise with confidence.This book covers all standard warranties and exclusions of liability, plus whole agreements and variation clauses so you can be confident you have the fundamental information you need. By outlining the appropriate clauses for each section along with clear definitions and relevant legislation, this title makes it easier to avoid common pitfalls and gives you insight into the implications of your client’s contracts or agreements.
Detailed analytical commentary on each clause, together with examples of case law and advice on its practical application, help ensure you have a full understanding of this complex area.
Boilerplate: Practical Clauses, 6th Edition also includes the following:
- New definitions for cloud computing.
- The impact of cloud computing on the obligation to safeguard confidential information
- The legal nature of software – when is software “goods” for the purposes of the Sale of Goods Act
- Analysis of the provisions and impact of the new EU Consumer Rights Directive (Coming into force in June 2014), particularly in relation to trading over the internet
- Discussion of the latest cases on the Unfair Terms in Consumer Contracts Regulations, particularly OFT v Abbey National
- A reconsideration of the legal effect and drafting of whole agreement clauses and exclusion of liability for precontract misrepresentation in the light of the Court of Appeal decisions in Springwell and AXA
- Discussion of service of notices by electronic means
- Discussion of signature of contracts and completion of transactions by electronic means
- Analysis of latest cases in the “Battle of the Forms”
- A detailed discussion of and analysis of the relevant cases relating to the Eisudem Generis Rule
- A detailed discussion of and analysis of the latest cases relating to the concepts of “resaonable endeavours” and “best endeavours”
- An analysis of the latest cases relating to non-binding heads of agreement – Flexible Systems v
- Molkerei Alois Muller, and the Court of Appeal decisions in Investec v Zulman , Haq v Island Homes and Whittle v Hollywood Movers
- Discussion of the provisions and impact of the new EU Directive on late payment of debts