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Commercial Contracts: A Practical Guide to Negotiating and Drafting

Authors: Mike Griffiths, Stuart Williams

Published: July 2014 | ISBN: 9781860724787


This book provides practical advice on the full lifespan of a contract - from offer to acceptance to discharge, and everything in between - with guidance on how to avoid difficulties that may arise and how to ensure that the agreement they reach is what was intended.

Aimed at company secretaries, directors, in-house lawyers, contract managers and anyone involved in contract negotiations.

By explaining and illustrating the implications of each stage in the making and implementation of contracts, this book will help to avoid the pitfalls that can arise when agreement is reached without a full understanding of the relevant issues, both legal and practical. This book also examines what the rights and remedies are if the contract is broken by one of the parties.

It covers

  • when a contract comes into existence and how to avoid a contract being brought into force inadvertently 
  • how to make sure that what was intended is actually brought into the contract
  • the terms of the contract
  • when, in the eyes of the law, the contract will have been sufficiently performed; and
  • what will happen if the contract becomes impossible to perform.

With a bank of key terms that you can download and use immediately, and full of practical tips, examples of best practice, and backed up by caselaw, this book is an indespensable guide for anyone who regularly deals with commercial contracts.




This text comes with customisable, ‘boilerplate’ clauses for use in your own
contracts, click below and follow the instructions to access your content.

Download your extra content.

Contents

Part One

   1. Introduction and offer
   2. Acceptance
   3. Consideration
   4. Intention to create legal relations
   5. Certainty  
   6. Terms
   7. Exclusion and limitation clauses
   8. Misrepresentation
   9. Mistake
  10. Duress and undue influence
  11. Illegal and void contracts
  12. Contracts in restraint of trade
  13. Discharge of contract
  14. Remedies for breach of contract

Part Two - Boilerplate Clauses for Drafting Commercial and Consumer Contracts

   1. Introduction
   2. The layout of a commercial contract
   3. Commencement of the contract
   4. Confidentiality and disclosure confidnetiality agreements
   5. Intellectual property rights
   6. Warranties, guarantees and indemnities
   7. Joint and several liability
   8. Retention of title
   9. Notices
  10. Assignment and change of control

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