Negotiating and Drafting Contract Boilerplate

Negotiating and Drafting Contract Boilerplate Author Tina L. Stark
ISBN-10 1588521052
Year 2003
Pages 675
Language en
Publisher ALM Publishing
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Educates lawyers and business professionals about the importance of boilerplate language. Each chapter of this book tackles a different contractual provision, and analyzes why it is important, what the key legal and business issues are, what is negotiable and what is not, and how best to draft the provision to suit a particular transaction.

Drafting and Negotiating Commercial Contracts

Drafting and Negotiating Commercial Contracts Author Mark Anderson
ISBN-10 9781784512668
Year 2016-09-28
Pages 408
Language en
Publisher Bloomsbury Publishing
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This comprehensive coverage of practical contractual matters acts as a 'one-stop' shop for everyone who wishes to understand, or has to negotiate or draft, a commercial contract. It includes a guide to the common legal issues in negotiating and drafting contracts; an explanation of the structure and contents of a commercial contract; good and bad practice in drafting (and in using clear, modern English); the meaning of and use of commonly-used words, phrases and legal jargon; the formalities for creating and signing contracts; commentary on the use of electronic drafting and electronic signatures; and guidance on the interpretation of contracts. In addition to being fully revised and updated, it takes into account the changes brought about by new or amended law and practice. This edition also includes: a new introductory section covering the formalities of entering into contracts; a new section on best practice for contracts which are signed and sent by email among the parties (R (on application of Mercury Tax Group and another) v HMRC); revisions to existing sections and a new section dealing with the continuing dominance and onward march of Investors Compensation Scheme West Bromwich Building Society and Chartbrook Ltd v Persimmon Homes Ltd & another; implications of the Consumer Contracts Regulations 2013 and the Consumer Act 2015; and expansion of the chapter covering legal terms and lawyers' jargon. This book is essential reading for commercial lawyers, contract managers, and anyone involved in negotiating and drafting commercial contracts. [Subject: Commercial Law, Contract Law, Corporate & Business Strategy, Tort Law, Restitution Law]

Drafting Contracts

Drafting Contracts Author Tina L. Stark
ISBN-10 9781454829058
Year 2013-11-26
Pages 576
Language en
Publisher Wolters Kluwer Law & Business
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An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises

A Manual of Style for Contract Drafting

A Manual of Style for Contract Drafting Author Kenneth A. Adams
ISBN-10 1590313801
Year 2004-01-01
Pages 253
Language en
Publisher American Bar Association
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The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.

A Z Guide to Boilerplate and Commercial Clauses

A Z Guide to Boilerplate and Commercial Clauses Author Mark Anderson
ISBN-10 9781847668950
Year 2012
Pages 631
Language en
Publisher A&C Black
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Clearly and concisely de-constructs the boilerplate clauses commonly used in commercial contracts Includes new, revised and updated precedent material Dedicated accompanying website keeps you up to date with developments No matter how obscure or complicated the clause, this book will enable you to negotiate and comprehend the boilerplate clause, and draft your own. The practical alphabetical format enables you to locate vital information in seconds. The following invaluable knowledge and information is 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. Includes new precedent material on the obligations on a party to comply with particular regulatory and/or gove

Computer Law

Computer Law Author Richard Raysman
ISBN-10 1588520242
Year 1984
Pages 1500
Language en
Publisher Law Journal Press
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Computer Law covers topics as: hardware acquisition, financing/maintenance; software licensing, development/maintenance; antitrust law; copyright, patent/trade secret protection of software; and more.

Drafting Effective Contracts

Drafting Effective Contracts Author Robert A. Feldman
ISBN-10 9780735503762
Year 1999
Pages 1466
Language en
Publisher Aspen Publishers Online
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The professionaland’s favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process and—from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. By Robert A. Feldman and Raymond T. Nimmer A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contractand— giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract processand—from conducting the initial client meeting to closing the deal. Youand’ll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how theyand’re assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements and—such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then youand’ll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.

Entertainment Industry Contracts

Entertainment Industry Contracts Author Donald C. Farber
ISBN-10 STANFORD:36105060173098
Year 1986
Pages 54
Language en
Publisher Lexis Nexis Matthew Bender
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An authoritative form book with expert guidance on negotiating & drafting contracts in the major areas of the entertainment industry, including entertainment software. 9 Volumes

Boilerplate Clauses International Commercial Contracts and the Applicable Law

Boilerplate Clauses  International Commercial Contracts and the Applicable Law Author Giuditta Cordero-Moss
ISBN-10 9781139500050
Year 2011-03-17
Pages
Language en
Publisher Cambridge University Press
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With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Contracts 101 Learn to Review and Negotiate Services Agreements Including Intellectual Property Licensing

Contracts 101  Learn to Review and Negotiate Services Agreements  Including Intellectual Property Licensing Author K. Anita Dodd
ISBN-10 0578025701
Year 2009-05-01
Pages 222
Language en
Publisher
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The Original Step-by-Step Guide for reviewing and negotiating Services Agreements (including intellectual property licensing). This book contains everything you need including:(a) detailed explanations of the contractual protections contained in standard Services Agreements; (b) form Services Agreements (in print and on disc) including alternative provisions, so you can tailor the Services Agreement to fit your transaction and circumstances; (c) Issues Checklists (with embedded contract language) making it unlikely you will ever overlook an important protection; and (d) drafting exercises (with answer keys), so you can practice the skills learned, reassuring yourself you have all of the information and understanding needed to review and negotiate Services Agreements.

Negotiating and Drafting Office Leases

Negotiating and Drafting Office Leases Author John Busey Wood
ISBN-10 1588520617
Year 2015-03-28
Pages 1000
Language en
Publisher Law Journal Press
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It reviews the clauses of a typical complex modern lease in detail, with explanation and commentary, examining the legal, economic and financial accounting ramifications.

The Three and a Half Minute Transaction

The Three and a Half Minute Transaction Author Mitu Gulati
ISBN-10 9780226924397
Year 2012-11-29
Pages 240
Language en
Publisher University of Chicago Press
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Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, until a novel judicial interpretation rattled international finance by forcing a defaulting sovereign—for one of the first times in the market’s centuries-long history—to repay its foreign creditors. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of the “stickiness” of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation. With the near certainty of massive sovereign debt restructuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided.

International Sales Agreements

International Sales Agreements Author James M. Klotz
ISBN-10 9789041127310
Year 2008
Pages 434
Language en
Publisher Kluwer Law International
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Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement that can rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs--all these and more must be taken into account in contract negotiations. This is the second edition, expanded and updated, of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organised according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of model clauses designed to cover every contingency, including such factors as the following (and a great deal more): definitions; Incoterms; price adjustments; documentation; labelling; delivery dates; transportation modes; limitation of liability; confidentiality; arbitration; and antitrust issues. Although the clauses are drawn without reference to any particular country, relevant national circumstances are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise as it goes. It would be hard to find a more useful guide.

Game Set Match

Game  Set  Match Author Henry S. Kramer
ISBN-10 0970597029
Year 2001
Pages 360
Language en
Publisher ALM Publishing
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Publisher Fact Sheet Looks at the entire negotiation process from the all-important, but often overlooked, initial planning stages, through opening negotiations, mid-game, end game, & follow up.