This book aims to help commercial and in-house lawyers ensure that they provide watertight legal agreements, whether in a business-to-business, or business-to-consumer context.
The authors guide the reader through the legislative changes that have occurred since the first edition, including the coming into force of the Consumer Credit Act and the Privacy and Electronic Communications (EC Directive) Regulations 2003. Each chapter contains a helpful 'at a glance' bullet point guide and a checklist summarising the key issues raised. Peppered with succinct examples of case law to illustrate the courts' position, the book covers the full gamut of potential pitfalls, from issues of incorporation of contract terms to 'the battle of forms'.
As well as looking at generic standard clauses applicable to most commercial contracts, the authors also include chapters analysing special issues unique to software and export contracts. Another useful feature of the book is the inclusion of various precedents, ranging from professional services agreements to hire purchase agreements.
This book covers all the bases, and is comprehensive without being overly complicated.
Review by Ewan Parker - The In-House Lawyer - February 2007
This is the second edition of a book whose primary attraction is its "at-a-glance" nature. The authors give an overview of standard terms used in commercial contracts in an interactive "have you checked this?" question and answer style. The book covers both the business-to-business as well as business-to-consumer aspects of commercial contracts from the perspective of English law and practice. Particular attention is paid by the authors to standard terms found in export, software and consumer contracts. The practical nature of the book makes it well suited for the businessman who wants a better understanding of commercial contracts as well as the legal practitioner who wants a quick overview and update on particular standard clauses.
The structure of the book underscores its practical nature. Each chapter starts with a bulleted summary of the main points. Without having to read through a voluminous text the reader is brought up to date on the law and practice regarding the standard term in question. The use of case law examples gives the reader a clear picture of how these clauses are interpreted and utilised in practice. Furthermore, a helpful checklist at the end of each chapter guides the user through important contracting stages in a step-by-step manner.
All in all, as regards the standard terms covered in this book, the authors have put together a valuable guide. It is helpful, easy to use and certainly to be recommended for readers who want, in a nutshell, a clear, if not exhaustive, overview of standard terms used in commercial contracts today.
C.T.L.R., 2007