Contract Clauses

This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.

"Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

The Canadian Business Contracts Handbook helps small-business owners to understand hundreds of standard contract clauses, such as those found in partnership agreements, lease agreements, and contracts for purchase or sale of goods or a business. Using everyday language, author Nishan Swais takes readers step-by-step through standard clauses and explains their meanings. He pinpoints potential problems in contracts, and clarifies legal jargon in simple terms for the layperson. While it takes a great deal of hard work to make a small business successful, it can also come down to paperwork. A well-written contract can make or break a business. Having a good understanding of standard business contracts and being able to negotiate and make changes to your own are critical skills essential to the effective running of a small business. The download kit included with this book can be installed on your home computer, and contains quizzes, checklists, and sample clauses that can help Canadian small-business owners understand, negotiate, and create their own legally binding contracts.

A master toolkit of contract clauses drafted by experts in copyright and contract. Thousands of clauses ready for you to use and adapt. Save time and effort when creating a new licence, option, assignment or agreement for services for a contributor; drafting heads of agreements; amending a contract a third party has sent you; or updating and amending your existing in-house contracts. Organised clearly by subject area, each main clause heading is further broken down across types of use such as film and television, general business and commercial, internet, websites, merchandising, publishing, services, and educational. Clauses are drafted from different angles and some are more innovative. It also includes a legal, commercial and business directory, which can be used to further develop your knowledge of the subject and find new contacts. This new edition has been updated to take account of new technology, legislation and the impact of the internet and social media. New material includes: - A greater emphasis on IP, trademarks and ownership of material, both the acquisition of rights and the retention of rights. - 8 new short articles. - New and innovative clauses which will then be used and adapted across many industry agreements. - Expansion of the web directory. New clauses relating to: - Collaboration and funding agreements for a project. - Purchase and sale of a list of assets. - Website terms and conditions. - Consent, data, privacy and data protection. - Legal compliance and the limitation of risk exposure. - Advertising, marketing, consulting and sponsorship. - Subscription, on demand and other forms of payment and access.

* Examples are given from "real life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms * Helpful resource for corporate managers This book will familiarize the reader with the look and feel of particular contract clauses (often called boilerplate clauses) that are important in commercial contracts. In negotiations, some executives will only scrutinize the commercial or "deal" terms of the contract. The rest is usually left "for the lawyers to sort out." However, the boilerplate clause will usually govern or regulate the other commercial or "deal" clauses. They play a vital part in the contract. It is only through the process of familiarization that you can begin to understand their effects. The important thing is to be able to identify these clauses and to understand what they are trying to achieve by their inclusion in the contract, which will place you well ahead of most other business executives in this area.

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.