Drafting standard terms of trading
著者
書誌事項
Drafting standard terms of trading
FT Law & Tax, c1995
2nd ed
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注記
Includes bibliography and index
内容説明・目次
内容説明
Written to address practitioners' needs when drafting and interpreting contracts, this text provides full, practical guidance on the drafting of standard conditions of sale and other supply contracts. It also provides a detailed examination of the underlying law.
Following the success of the first edition, this reliable work has been extensively rewritten to take account of important developments such as:
* the Unfair Terms in Consumer Contracts Regulations 1994 which implement the EC Directive on Unfair Contract Terms
* the Sale and Supply of Goods Act 1994
* the Sale of Goods Amendment Act 1995
* key case law, including Stewart Gill v Horatio Myer
To clarify the drafting process, the book has been divided into two comprehensive parts - one dealing with general matters affecting drafting and a second part dealing with specific issues and particular types of clause.
Specimen clauses are used throughout to illustrate different drafting techniques, and the author provides thorough coverage of all the different options available, as well as a checklist of matters for consideration by the draftsman.
The book also summarises the relevant substantive law, explaining how terms should be drafted in the context of the underlying law to avoid problems and achieve clients' aims.
In short, this book is an essential companion in daily commercial practice.
* Provides a detailed examination of the underlying law in this area
* Takes full account of all relevant legislation including the Unfair Terms in Consumer Contracts Regulations 1994 and the Sale and Supply of Goods Act 1994
* Uses specimen clauses to illustrate different drafting techniqu
目次
- Part 1: Introduction 1. Why have standard terms at all?
- the advantages and disadvantages of standard terms
- the need for flexibility 2. General drafting considerations
- preparing to draft and taking instructions
- drafting for clarity
- drafting for acceptance
- drafting for reasonableness 3. The formation of contracts and the incorporation of standard terms Part 2: Potential Liabilities and their exclusion or avoidance 4. Potential liabilities in the supply of goods: implies terms relating to quality etc
- product liability
- damages 5. Express warranties and guarantees 6. Exclusion and similar clauses
- their effectiveness at common law and the effects of the Unfair Contracts Terms Act 1977
- indemnities Part 3: Delivery and Payment Obligations 7. Different types of contract: sale, supply, hire, hire purchase etc. 8. Delivery and payment
- drafting appropriate terms
- discounts
- penalties and interest 9. Retention of title and other security devices Part 4: Other Terms
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