The Federation Press

The Construction and Performance of Commercial Contracts

Overview

This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts.

The first Part of the work deals with general principles of interpretation. It then considers clauses which allocate commercial risk; clauses relating to performance; clauses introducing new parties by way of assignment, novation or nomination; clauses such as guarantees and indemnities which create liabilities in third parties; and dispute resolution clauses including governing law.

The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners.

Table of Contents

Preface
Table of Cases
Table of Statutes

Contracts in Contemporary Commercial Dealings
General Principles for Construction of Contracts
Termination
Liquidated Damages Clauses
Exclusion and Limitation of Liability Clauses
Entire Agreement Clauses
Passing of Risk in Real Property Transactions
Force Majeure
Contingent Conditions
Time Provisions
Confidentiality Clauses
Notice Provisions
Further Assurance and Cooperation
Assignment
Novation
Nomination
Guarantees
Indemnities
Dispute Resolution Clauses
Governing Law and Jurisdiction Clauses

Index

Of interest...