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 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