A-Z Guide to Boilerplate and Commercial Clauses, 2nd Edition

This popular book clearly and concisely deconstructs the boilerplate clauses commonly used in commercial contracts. No matter how obscure or complicated the clause, this book will enable you to negotiate and comprehend the boilerplate clause, and draft your own. This invaluable guidance and detail is provided in a practical alphabetical format – a unique feature that enables you to locate vital information in seconds. The following invaluable knowledge and information are provided for each and every boilerplate: an explanation of the purpose of the clause; a discussion of the issues and problems you’ll encounter drafting the clause; practical samples of commonly used precedents; a summary of the underlying law, including consumer law issues where relevant; an explanation of relevant major cases that have affected the interpretation of the clause.

This book covers the following areas: contract drafting, boilerplates, contract law, commercial law, interpretation of contracts, commercial contracts, commercial agreements, drafting agreements, standard terms, and terms and conditions

Reviews

“…a useful addition to the practitioner’s library…Anderson’s book is to be welcomed” Legal Week (review of the previous edition)

Lawyers are creatures of habit which means that commercial contracts typically include standard clauses. It is therefore useful for commercial lawyers to have a practical guide to the nature and effect of those clauses. Similarly, commercial litigation lawyers often have to consider the interpretation and effect of a clause. A-Z Guide to Boilerplate and Commercial Clauses provides an excellent guide to these important questions.

Written by two experienced commercial lawyers, this book provides an extremely clear explanation of the important commercial clauses. Many commercial lawyers will welcome the excellent sample precedents which are (predominantly) written in plain English. By doing so, it encourages the reader to consider how the clause works and how a third party would interpret it (which is extremely important).

the book is (unsurprisingly) divided into alphabetical order with the main obligations falling into line. Each topic then considers a typical clause, alternatives, and the effect of those clauses. Where appropriate, the authors consider the case law explaining how the courts have interpreted the clause. This is fundamental for both contentious and non-contentious lawyers and certainly saves considerable time which may otherwise be lost in a law library!

Like its sister publication, Drafting and Negotiating Commercial Contracts, this title comes with an excellent CD-ROM. This includes the precedent clauses allowing the reader to copy and paste them into their commercial document. This will, without a doubt, save time for the busy practitioner. Impressively, the authors continue their approach of encouraging plain English drafting by setting out alternative clauses.

A-Z Guide to Boilerplate and Commercial Clauses impressively explains the key commercial clauses and their effect. It also has an excellent overview of the important legislative provisions and case law giving both the experienced and inexperienced practitioner an excellent starting point for further research. It is one of the best, if not the best, guides to commercial and boilerplate clauses and should be close at hand for any commercial practitioner.

Student Law Journal, 12th May 2008