Victor Warner

This book is the ‘one-stop-shop’ for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as ‘How do I draft my contract clearly?’, ‘What will happen if my contract is interpreted by the English court?’ and ‘Why are liability clauses so full of legal jargon?’, the book includes:- A guide to the common legal issues in negotiating and drafting contracts- An explanation of the structure and content of a commercial contract- The meaning and use of commonly-used words, phrases and legal jargon- An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015- Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documentsFully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes:- A new chapter on termination of contracts- New material on administering of existing contracts and modern methods of executing documents (eg DocuSign)- New and updated examples of contract drafting techniques- Additional definitions of legal terms used in contractsThis title is included in Bloomsbury Professional's Company and Commercial Law online service.

An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand:- the circumstances when a term will be incorporated into a contract- the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, ‘fundamental breach’, etc)- clause by clause consideration of UCTA, including key concepts such as the meaning of the ‘requirement for reasonableness’ - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the ActThis edition includes coverage of:- Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes:- Consumer Rights Act 2015- Unfair Contract Terms Act 1977- Contracts (Rights of Third Parties) Act 1999- Misrepresentation Act 1967This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including:- Coverage of EU Horizon 2020 replacing Framework 7 funding scheme- General Data Protection Regulation (GDPR)- Updates in line with the Charities Act 2011- New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements)- New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014- New material on the EU Trade Secrets Directive- Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC- Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014)- Coverage of Technology Transfer Regulation, 316/2014 and related guidelinesThis title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers:The meaning of:‘Breach’‘Substantial’ and ‘material’ in clauses for termination‘Beyond reasonable control’ in force majeure casesWhen a priority of terms clause will operateWhether rules applying to penalties also apply to depositsThe legal effectiveness of ‘no amendment’ or ‘no variation’ clausesLegal frameworks and how the courts will view such clauses during a disputeNew legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes:A step-by-step commentaryExamples of best practice in different situationsDetailed notes on each type of boilerplate clauseA summary of relevant law, including statutory definitions and case lawPrecedents available as electronic downloadsThis title is included in Bloomsbury Professional's Company and Commercial Law online service.