Thorogood Reports Series Read Description

Standard Conditions of Commercial Contracts

Drafting, Reviewing, Negotiating

Spiral bound
April 1998
More details
  • Publisher
  • Published
    10th April 1998
  • ISBN 9781854181305
  • Language English
  • Pages 134 pp.
  • Size 8.25" x 11.75"

UK consumer protection and competition law now affect almost all industries and every type of commercial agreement, which is why all solicitors and in-house lawyers, as well as company secretaries and commercial and contracts staff at all levels, need to understand the practical implications of these laws for their business. In addition, they need to understand how contractual terms can be used to protect their company from litigation.

This Report combines up-to-date commercial law with practical methods of translating this law into documentation. It identifies and analyzes the different types of contract and how they are affected by the various statutes, ensuring that you fully grasp the impact of current legislation and case law.

It will ensure that you: improve your understanding of UK and EU consumer protection law and policy, and their impact on a variety of commercial contracts; draft commercial agreements using terms that reduce the risk of consumer litigation or breaching the law; analyze the practical value of standard clauses designed to exclude and limit potential liabilities in commercial contracts; understand the impact of competition law in determining whether certain terms can or cannot be included in your commercial contracts; negotiate cross-border agreements that don't fall foul of EU law, for example on supply and distribution networks or the protection of intellectual property; effectively review all your standard conditions of contract and terms of business.

THE FOUNDATIONS OF COMMERCIAL DRAFTING: Introduction; Drafting considerations; LEGAL INFLUENCES ON THE CONTENT OF CONTRACTUAL LAW: Common law; Statute; Performance of the contract: delivery; Performance of the contract: acceptance; Right of rejection; Passing property and risk: drafting and negotiating retention of title clauses; Retention of title clauses; EXCLUDING AND LIMITING LIABILITY: The Unfair Contract Terms Act (1977) (UCTA); UCTA and specific exclusion clauses; General consideration relating to the law of contract; The Unfair Terms in Consumer Contracts Regulations 1994; DRAFTING THE CONTRACTUAL TERM: PRACTICAL BOILERPLATE CLAUSES IN INTELLECTUAL PROPERTY AGREEMENTS: Is there an agreement or concerted practice between undertakings?; Does the agreement prevent, restrict or distort competition?; Does the agreement have an effect on interstate trade?; Does the agreement have an appreciable effect on competition? Is it de minimis?; Distribution agreements within the EU; Exclusive Territory Licence; Undertakings by the distributor.

Peter Wilding

Peter Wilding is a specialist in European Union law and competition law. He has worked for the European Commission and the Government of Gibraltar. He is a consultant to the Adam Smith Institute and a lecturer at Middlesex University. He speaks widely on matters of European law and politics.