Drafting Standard Terms of Trading

Written to address practitioners' needs when drafting and interpreting contracts, this text provides full, practical guidance on the drafting of standard conditions of sale and other supply contracts. It also provides a detailed examination of the underlying law. Following the success of the first edition, this reliable work has been extensively rewritten to take account of important developments such as: * the Unfair Terms in Consumer Contracts Regulations 1994 which implement the EC Directive on Unfair Contract Terms * the Sale and Supply of Goods Act 1994 * the Sale of Goods Amendment Act 1995 * key case law, including Stewart Gill v Horatio Myer To clarify the drafting process, the book has been divided into two comprehensive parts - one dealing with general matters affecting drafting and a second part dealing with specific issues and particular types of clause. Specimen clauses are used throughout to illustrate different drafting techniques, and the author provides thorough coverage of all the different options available, as well as a checklist of matters for consideration by the draftsman. The book also summarises the relevant substantive law, explaining how terms should be drafted in the context of the underlying law to avoid problems and achieve clients' aims. In short, this book is an essential companion in daily commercial practice. * Provides a detailed examination of the underlying law in this area * Takes full account of all relevant legislation including the Unfair Terms in Consumer Contracts Regulations 1994 and the Sale and Supply of Goods Act 1994 * Uses specimen clauses to illustrate different drafting techniqu

Table of Contents:
Part 1: Introduction 1. Why have standard terms at all?; the advantages and disadvantages of standard terms; the need for flexibility 2. General drafting considerations; preparing to draft and taking instructions; drafting for clarity; drafting for acceptance; drafting for reasonableness 3. The formation of contracts and the incorporation of standard terms Part 2: Potential Liabilities and their exclusion or avoidance 4. Potential liabilities in the supply of goods: implies terms relating to quality etc; product liability; damages 5. Express warranties and guarantees 6. Exclusion and similar clauses; their effectiveness at common law and the effects of the Unfair Contracts Terms Act 1977; indemnities Part 3: Delivery and Payment Obligations 7. Different types of contract: sale, supply, hire, hire purchase etc. 8. Delivery and payment; drafting appropriate terms; discounts; penalties and interest 9. Retention of title and other security devices Part 4: Other Terms

Review :
It helpfully takes the reader through specific areas that should be covered in a standard contract and refers to any relevant statutory or common law provisions. ... this book will be a useful companion to in-house lawyers who are undertaking a review of their standard terms in the light of recent legal developments.The book is very up to date; ... The book is well written and easy to follow.This provides a ''how to do it'' guide to contract drafting and, much like the simple but clear drafting style Bradgate advocates, the style is clear, approachable and has plenty of examples. PLC Magazine