- Hardcover: 744 pages
- Publisher: Bloomsbury Professional; 4 edition (28 September 2017)
- Language: English
- ISBN-10: 1526500604
- ISBN-13: 978-1526500601
- Product Dimensions: 16.5 x 4.4 x 25.4 cm
- Boxed-product Weight: 1.3 Kg
- Average Customer Review: Be the first to review this item
- Amazon Bestsellers Rank: 64,060 in Books (See Top 100 in Books)
A-Z Guide to Boilerplate and Commercial Clauses Hardcover – 24 Aug 2017
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About the Author
Mark Anderson is Managing Partner of Anderson Law. He drafts, negotiates and advises on commercial agreements and has over 30 years' experience as a commercial and intellectual property lawyer. Mark's clients include commercial companies (both publicly-quoted and private companies, including SMEs), professional service firms (including overseas law firms), universities, hospitals and other charities, funding bodies, investors, and individual inventors and entrepreneurs. His clients are based mostly in England and Wales, but also in Continental Europe, North America and Australasia.
Victor Warner is a solicitor and consultant with Anderson Law. Victor is the lead author of several legal textbooks and loose-leaf works produced by Anderson Law, including Drafting and Negotiating Commercial Contracts (4th Ed) and Technology Law (3rd Ed) both published by Bloomsbury Professional.
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NOW IN A NEW UPDATED EDITION WITH ACCOMPANYING CD
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Commercial lawyers will certainly bless this book, now in a new third edition via Bloomsbury Professional. The beauty and of course the utility of the book -- as the title indicates -- is that the clauses -- boilerplate clauses to be precise -- are listed for ease of use in alphabetical order from `acknowledgements' to `warranties'.
This feature alone is a boon to the busy lawyer, or indeed anyone tasked with drafting a commercial contract. (One of the better known clauses in this alphabetical list is `completion' pertaining to the sale of real property.)
But what exactly are `boilerplate clauses?' Although the term generally defies precise definition, the co-authors Mark Anderson and Victor Warner state that it's used broadly to mean contract terms that are found in commercial agreements, almost irrespective of the subject matter of the agreement. Usually found toward the end of an agreement, they quite often are not necessarily concerned with its subject matter, or its main purpose. Nonetheless, as the authors imply, you ignore or dismiss such clauses at your peril.
Failure to consider (or understand) all the provisions of a commercial agreement (even the "boring "ones)' [i.e. boilerplate clauses] say the authors, can have serious consequences - hence the value of this book, which also examines a selection of other contract clauses frequently encountered in many types of commercial agreement.
This new third edition has been written as a practical guide (rather than specifically a legal textbook or casebook) for practitioners frequently faced with the challenges posed by boilerplate and other commercial clauses in their everyday commercial work. Following on from the two previous editions, this new one provides additional explanations and commentary on the legal principles which underline a boilerplate clause.
Other new material includes sections on data protection, freedom of information and good faith and much more besides. The book also provides extensive tables of cases, statutes, and statutory instruments, plus an appendix which features a sample boilerplate agreement and detailed index.
Primarily this is a useful practitioner guide to an often confusing, yet crucially important area of law, although the authors are careful to state that it is not a general guide to negotiating or drafting contracts. For that they recommend their book `Drafting and Negotiating Commercial Contracts' also published, like this particular volume, in 2012.