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Boilerplate: Practical Clauses

Boilerplate: Practical Clauses
8th Edition
Series:  Commercial Series
ISBN:  9780414073975
Published by:  Sweet & Maxwell
Publication Date:  23 Dec 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback, CD-ROM
PRODUCT INCLUDES:
Hardback
CD-ROM
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PRODUCT DESCRIPTION

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This compendium of boilerplate clauses in common use also features detailed analytical commentary on each clause, together with advice on its application. The book also takes account of recent case law where applicable and comes with a CD-rom containing all the clauses for ease of access to readers.
  • Offers a comprehensive range of boilerplate clauses to use in situations encountered when drafting commercial agreements 
  • Provides guidance on when and how to use each clauses of benefit both to the experienced and more novice draftsperson
  • Identifies and explains relevant legislation in relation to boilerplate clauses used in drafting 
  • Incorporates references to key case law and assesses its implications 
  • Provides alternative clauses/wording to best meet client requirements 
  • Gives analysis of clauses so that the implications of their use are made explicit 
  • All the clauses are also provided on a CD-rom for ease of use to readers
  • Covers all standard warranties
  • Covers exclusions of liability
  • Provides whole agreement and variation clauses
  • Gives clauses for contracting and the internet
  • Examines the impact of cloud computing on the obligation to safeguard confidential information

CONTENTS

  • Introduction;
  • Definitions and interpretation; 
  • Commencement and termination; 
  • Confidentiality and disclosure; 
  • Intellectual property rights; 
  • Standard warranties; 
  • Exclusions of liability; 
  • Retention of title and vesting; 
  • Service of notices; 
  • Whole agreement and variation clauses; 
  • Miscellaneous clauses; 
  • Disputes and conflict clauses; 
  • Contracting and the internet; 
  • Precedent 1: Consumer Guarantees and Exclusion Clauses; 
  • Precedent 2: Purchase Order for Consumer Goods; 
  • Precedent 3: Agreement for the Supply of Work and Material to a Consumer; 
  • Appendix 1: Unfair Terms in Consumer Contracts Directive: Terms Referred to in art.3(3) of Directive 93/13/EEC; 
  • Appendix 2: Schedule 2: Consumer contract terms which may be regarded as unfair; 
  • Appendix 3: The Consumer Rights Directive
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