Drafting Commercial Agreements

BOOK REVIEW

DRAFTING COMMERCIAL AGREEMENTS

By Stuart Cakebread

ISBN: 978-1-85328-604-9

Paperback + CD ROM

www.lawsociety.org.uk



FOR THE SMALLER PRACTICE-- A SIMPLE, CONCISE, TIME SAVING GUIDE FOR CONTRACTS DRAFTSMEN -- WITH ACCOMPANYING CD ROM

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

This new publication from The Law Society is aimed squarely at a niche readership; i.e. the practitioner in a general commercial practice -- the backbone of the legal profession' says the author -- probably a provincial practice, or on a high street, or in London's West End.

While not intended as a book on either commercial or contract law, 'Drafting Commercial Agreements' nonetheless aims to steer you, the busy practitioner through and around the most common pitfalls that lurk at the heart of what you do. Advice and tips aplenty are offered on what should be borne in mind when drafting any commercial contract. The range of flexible and adaptable precedents contained in this practical volume are designed to help you draw up agreements quickly and easily -- and the accompanying CD ROM facilitates customization of contracts to specific client requirements.

Divided logically into three parts, the book examines the basic rules, structure and construction of a commercial contract in Part 1, while Part 2 deals with common commercial clauses, notably those relating to exclusion, limitation and liquidated damages, which the author duly notes, is the most difficult of commercial clauses. Part 3 comments on a broad range of commercial agreements, from agency to buying and selling businesses, to e-commerce, franchising, leasing, sale of goods, IT and much more...the main areas which a draftsman will encounter in his or her everyday work.

A commentary is included for each chapter, although the author is quick to point out that there is 'no substitute for consulting a specialist volume on matters of complexity' and adds that the use of precedents, time saving though they are, should be based upon a firm grasp of the underlying principles and law which may one day inform a court having to decide the competing merits of two parties who no longer see eye to eye (if they ever did).'

Here at last then, is a book -- guide book, actually -- aimed specifically at draftsmen, all of whom, no matter what the size of the practice, bear the responsibility of getting every aspect of the contract right and are eternally at pains to avoid error. If this is you, you need this book very definitely for the smaller practice.

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