Drafting and Negotiating Commercial Contracts is for anyone who needs to understand, negotiate or draft commercial contracts. The book includes:
- A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - Good and bad practice in drafting (and in using clear, modern English) - The meaning and use of commonly-used words, phrases and legal jargon - The formalities for creating and signing contracts - Guidance on the interpretation of contracts - Steps to take, and what to check for in a contract to eliminate errors (including lists of what to check for in different situations) - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents - Drafting and legal issues when contracting with consumers
It examines questions such as:
- How do I draft my contract clearly? - What will happen if my contract is interpreted by the English court? - Where do I find key English legislation on the enforceability of contracts? - When will I be out of time for suing for breach of contract? - Why are liability clauses so full of legal jargon? - Who should the parties be, and who is authorised to sign?
Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the 5th edition also includes:
- New chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts
It is essential reading for commercial lawyers, contract managers, and others who have to draft, negotiate or advise on contracts.
Read an extract of Drafting and Negotiating Commercial Contracts
Table of Contents
1: Legal formalities for a binding contract 2: The structure and format of the contract 3: Contract drafting techniques 4: Advanced drafting techniques 5: Basic commercial/legal issues affecting contract drafting 6: Interpretation of contracts by the courts - implications for the drafter/negotiator 7: Drafting consumer contracts 8: Legal terms and lawyers' jargon 9: Terminating contracts 10: Techniques for checking contracts before signing them 11: Drafting, exchanging and protecting documents electronically Appendix: Sample Agreements