A contract is not worth the paper it’s written on

Or not written on as many people now ‘experience’ contracts not as a printed document, but on a computer screen. This poses certain challenges.

Drafting a commercial contract Drafting a commercial contract —BJ Carter (Flickr.com)

When once it was down to the lawyer to type and print the document, in which case the responsibility lay with them to spot typos and retain consistency of grammar and meaning.

Increasingly the client is being involved in drafting and proofing the contract and may even have picked up the original template online.

Drafting and Negotiating Commercial Contracts, Third Edition by Mark Anderson and Victor Warner addresses how technology is changing the relationship between client and lawyer and how strong, legally-binding contracts in less time can be the result.

Essential reading for commercial lawyers, contract managers and anyone involved in negotiating and drafting commercial contracts, it is the ‘one-stop-shop’ for practical contractual matters.

Drafting and Negotiating Commercial Contracts is far removed from being just a simple explanation of the law. It is a hands-on, real-world manual on what you need to know to negotiate and draft commercial contracts, including:

  • A guide to the common legal issues in negotiating and drafting contracts
  • An explanation of the structure and content of a commercial contract
  • Good and bad practice in drafting (and in using clear modern English)
  • The meaning of and use of commonly-used words, phrases and legal jargon
  • The formalities for creating and signing contracts
  • Commentary on the use of electronic drafting and electronic signatures
  • Guidance on the interpretation of contracts

Drafting and Negotiating Commercial Contracts - updated and expanded 3rd edition

Drafting-and-Negotiating-Commercial-Contracts1In preparing the edition third edition of Drafting and Negotiating Commercial Contracts, the Anderson and Warner have not only thoroughly revised and updated the book with the relevant developments that have occurred over the last few years but also:

Expanded the existing commentary with more practical information on contract drafting such as:

  • The use of numbers, formulas, equations, tables and pronouns
  • Regulatory requirements as to the information to be included in documentation sent by businesses
  • Providing an outline of the electronic tools and techniques to help in drafting, checking and protecting documents

Providing new chapters on:

  • How and what to check for in a contract to eliminate errors  (including checklists of what to check for in different situations)
  • Drafting and legal issues that businesses need to take into account when contracting with consumers, including:
  • What it means to use plain English
  • The type of provisions that should not be used in a contract with consumers
  • A summary of the large amount of recent consumer-orientated legislation which restricts or affects consumer contracts

Who should read this book?

This book is for everyone who wants to understand or has to negotiate or draft a commercial contract, including:

  • Commercial lawyers
  • Contract managers
  • In-house lawyers
  • Lawyers in private practice
  • LPC course tutors and students

About the authors

Mark Anderson is Managing Partner of Anderson Law LLP, ranked as a leading individual in Chambers Director UK 2011. He has over 25 years’ experience of drafting, negotiating and advising on commercial contracts. Most of his clients are technology-based companies and universities, based in theUK, continental Europe and theUnited States.

Victor Warner is a solicitor at Anderson Law LLP specialising in intellectual property and technology law. He is the principal author of several volumes of Encyclopaedia of Forms and Precedents and the Execution of Documents (Law Society).

Anderson and Warner are currently revising their companion volume, A-Z Guide to Boilerplate and Commercial Clauses also published by Bloomsbury Publishing, which features more in-depth commentary on individual clauses.

 

ISBN: 97818476667441 Pub date: February ‘12 Format: Hardback Price: £110

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