Description
This collection of boilerplate language includes suggestions on how to apply each phrase as well as in-depth analytical analysis. The book includes a CD-rom that has all the provisions for readers’ convenience and, where appropriate, incorporates recent case law.
- provides a wide variety of boilerplate clauses for use in the various circumstances that arise when establishing business contracts.
- gives advice on when and how to utilise each clause, which is useful for both seasoned and less experienced draftspeople.
- identifies and describes pertinent legislation in regards to writing boilerplate clauses.
- incorporates citations to significant legal precedent and evaluates its effects.
- offers substitute language or clauses to better match customer needs.
- analyses clauses in a way that makes the implications of their usage clear.
- For the readers’ convenience, all the clauses are also available on a CD-rom.
- includes all common warranties.
- includes liability exclusions.
- full agreement and variation clauses are provided.
- provides internet and contracting provisions.
- investigates how cloud computing affects the duty to protect sensitive information.
TABLE OF 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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