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The Construction and Performance of Commercial Contracts
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The Construction and Performance of Commercial Contracts

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Overview
Published 29 July 2014 (Federation Press)
ISBN: 9781862879720. Hard Cover, 500 pages.
Description

By S A Christensen and W D Duncan

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.


CONTENTS

PART 1 - CONTEXT AND PRINCIPLES 
Role of contract in contemporary commercial dealings 
General Principles of Contract Construction

PART 2 - CLAUSES ALLOCATING COMMERCIAL RISK 
Termination Clauses 
Liquidated Damages Clauses 
Exclusion Clauses 
Entire Agreement Clauses 
Passing of Risk clauses 
Force majeure Clauses

PART 3 - CLAUSES RELATING TO PERFORMANCE 
Contingent Conditions 
Time Provisions 
Confidentiality clauses 
Notice Provisions 
Further Assurance and duty to co-operate

PART 4 - CLAUSES INTRODUCING NEW PARTIES TO TRANSACTION 
Assignment Clauses 
Novation 
Nomination clause

PART 5 - CLAUSES CREATING LIABILITIES IN THIRD PARTIES 
Guarantees 
Indemnities

PART 6 - CLAUSES AFFECTING DISPUTE RESOLUTION 
Dispute Resolution Clauses 
Governing law and Jurisdiction Clauses

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