Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts.
Key changes for the new 5th edition include coverage and analysis of:
- important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law.
Includes online access to downloadable precedents
Read an extract of Commercial Contracts: A Practical Guide to Standard Terms
Table of Contents
Section A: Commentary A1: Forming and Concluding a Contracts A2: Common and Specific Clauses A3: Export Contracts – Special Issues A4: Software Contracts – Special Issues
Section B: Business-to-Business Contracts B1: Terms and Conditions for the Sale of Goods B2: Terms and Conditions of Purchase B3: Licence of Computer Software – Buyer/Licence B4: Professional Services Agreement – Supplier B5: Professional Services Agreement – Buyer B6: Terms and Conditions for Sale of Goods by Export – Supplier B7: Terms and Conditions for Purchase of Goods by Services by Import – Buyer
Section C: Business-to-Consumer Contracts C1: Consumer Contracts – Distance Selling C2: Hire Purchase Contracts C3: Outline Terms and Conditions of Sale C4: Online Terms and Conditions for the Supply of Software