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Understanding And Negotiating Commercial Contracts
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Book Synopsis Understanding and Negotiating Commercial Contracts by : Aditya Tripathi
Download or read book Understanding and Negotiating Commercial Contracts written by Aditya Tripathi and published by Notion Press. This book was released on 2022-03-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: “If cash is the bloodline, contracts are the veins for business through which this blood flows.” Commercial business contracts sometimes are a mirage for legal professionals and more so for law students and other professionals. They are the main source of value creation or destruction for any organization. This book offers guidance to understand and navigate through all topics in a commercial B2B contract and enable the readers to negotiate and draft better commercial contracts so that contracts became a source of value generation and lasting business relationship because “strong boundary walls make neighbours gel better and longer”. If you are worried that your contracts may have “landmines” that could affect your business and margins and you wanted to use commercial contracts as a tool for value generation, then this book is for you. This book helps you avoid the “landmines” and create or spot “goldmines” in commercial contracts. The book is written and designed in a non-legal vocabulary so that both legal and non-legal professionals can use this book and extract the benefits of efficient commercial contracts.
Book Synopsis Drafting and Negotiating Commercial Contracts by : Mark Anderson
Download or read book Drafting and Negotiating Commercial Contracts written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2023-02-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Book Synopsis Drafting and Negotiating Commercial Contracts by : Mark Anderson
Download or read book Drafting and Negotiating Commercial Contracts written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2023-02-13 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Book Synopsis Understanding and Negotiating Construction Contracts by : Kit Werremeyer
Download or read book Understanding and Negotiating Construction Contracts written by Kit Werremeyer and published by John Wiley & Sons. This book was released on 2023-07-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.
Book Synopsis The Contract Negotiation Handbook by : Stephen Guth
Download or read book The Contract Negotiation Handbook written by Stephen Guth and published by Lulu.com. This book was released on 2007-12-20 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.
Book Synopsis The Managers Guide to Understanding Commercial Contract Negotiation by : Frank Adoranti
Download or read book The Managers Guide to Understanding Commercial Contract Negotiation written by Frank Adoranti and published by Global Professional Publishi. This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: * Examples are given from "real-life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms You've been involved in weeks, or sometimes even months, of hard-fought negotiations. However, the deal is not done until it is written up--not until the final form of contract is agreed upon and executed. You have to have a basic understanding of commercial contracts and all their ramifications every step of the way. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.
Book Synopsis Technology Transactions by : Mark G. Malven
Download or read book Technology Transactions written by Mark G. Malven and published by . This book was released on 2015-05-07 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed: - HIPAA- The Gramm-Leach-Bliley Act- The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers
Book Synopsis Commercial Contracts by : Vladimir R. Rossman
Download or read book Commercial Contracts written by Vladimir R. Rossman and published by Wolters Kluwer. This book was released on 2012-12-17 with total page 2506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more
Book Synopsis Drafting and Negotiating International Commercial Contracts by : Fabio Bortolotti
Download or read book Drafting and Negotiating International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International. This book was released on 2009-02-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.
Book Synopsis Negotiating Techniques in International Commercial Contracts by : Charles Chatterjee
Download or read book Negotiating Techniques in International Commercial Contracts written by Charles Chatterjee and published by Routledge. This book was released on 2020-09-29 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Many works published on the topic of negotiating have dealt with techniques of and preparation for negotiation from a psychological standpoint, but this book contends that in the commercial world, hard commercial considerations rather than psychological warfare matter most in successfully negotiating commercial contracts. The text highlights the most important special features of selected contracts, namely payment contracts and petroleum contracts in addition to ordinary export contracts, syndicated loan agreements, international engineering and construction contracts, and issues relating to project finance and risk. One of the basic themes of this work is to remind negotiators of the changing attitudes towards the negotiation of international commercial contracts, including more awareness of bargaining powers of both parties. The Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.
Book Synopsis Understanding and Negotiating EPC Contracts, Volume 1 by : Howard M. Steinberg
Download or read book Understanding and Negotiating EPC Contracts, Volume 1 written by Howard M. Steinberg and published by Taylor & Francis. This book was released on 2016-10-14 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Understanding and Negotiating EPC Contracts, Volume 1, Howard M. Steinberg presents a practical and comprehensive guide to understanding virtually every aspect of engineering, procurement and construction (EPC) contracts for infrastructure projects. The 25 chapters in Volume 1 are supplemented with real-life examples and court decisions, and offer tactical advice for anyone who must negotiate or understand EPC contracts in connection with the implementation, financing or operation of infrastructure projects. Emphasizing current market practices and strategic options for risk sharing, the book contains a narrative explanation of the underpinning of all of the issues involved in EPC contracting. Exhaustive in scope, it clarifies the fundamental commercial principles and pitfalls of "turnkey" contracting for all types of capital investments ranging from electrical and thermal power generation (including combined heat and power, nuclear, wind, solar, natural gas and coal) to refining, to chemical processing to LNG liquefaction and re-gasification to high speed rail, bridging, tunneling and road building. Providing clear and thorough analyses of the issues and challenges, this volume will be of great value to all those involved in complex construction projects.
Book Synopsis Understanding and Negotiating Book Publication Contracts by : Brianna Schofield
Download or read book Understanding and Negotiating Book Publication Contracts written by Brianna Schofield and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.
Book Synopsis Understanding Commercial Contract Negotiations by : Frank Adoranti
Download or read book Understanding Commercial Contract Negotiations written by Frank Adoranti and published by . This book was released on 2003 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: You've been involved in weeks or even months of hard-fought negotiations. However, the deal isn't done until it is written up; not until the final form of contract is agreed upon and signed. This book is different to many other books on negotiation in that the primary focus is on commercial contract negotiations. It is crammed with hints, tips and mini case studies on commercial contract situations, which you can immediately apply in your next negotiation. It is as light as possible on the theory and as heavy as possible on the practical
Book Synopsis Negotiating and Drafting Contract Boilerplate by : Tina L. Stark
Download or read book Negotiating and Drafting Contract Boilerplate written by Tina L. Stark and published by ALM Publishing. This book was released on 2003 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Book Synopsis International Commercial Agreements by : William Fox
Download or read book International Commercial Agreements written by William Fox and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.
Book Synopsis Negotiating Int Comm Contracts by : Gustavo Moser
Download or read book Negotiating Int Comm Contracts written by Gustavo Moser and published by . This book was released on 2020-11-26 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-have toolkit for anyone entering the unchartered territory of international contracts"Prof. (em.) Ingeborg Schwenzer "Teachers and students sometimes struggle to place the issues at stake [in the negotiation of international commercial contracts: choice of law and choice of dispute resolution methods] in a context that truly replicates the realities of practice. That is precisely what this book - with its combination of practical commentary and practical exercises - manages to do. It is nothing short of a pedagogically pathbreaking tool for all who contemplate working in this field." Prof. George A. Bermann "A useful tool to assist lawyers hoping to enhance their skills in negotiating contracts with international elements." Prof. William W. Park "This book is a must-have tool for teachers, learners, legal practitioners, and business negotiators in international commercial contracts. It provides interactive, hands-on learning that keeps the reader turning pages filled with practical exercises and tips, and explains the law and underlying theories shoring up the practice. The book can be used independently or part of a course where participants can engage in the exercises, followed with discussion. A brilliant and innovative approach to understanding and honing skills in negotiating commercial contracts, created by two highly experienced experts." Prof. Patricia Shaughnessy Negotiating International Commercial Contracts - Practical Exercises is an innovative workbook that comprises over 80 real-life case scenarios, accompanied by suggested answers and guidelines. These are built upon the authors' experience and understanding of both legal and business interests which underlie the negotiation of an international commercial contract. The exercises focus on two of the most vital choices in an international commercial contract: (i) the choice of the substantive law to govern the contract (or the failure to choose a law); and (ii) the method and place of dispute resolution (or the failure to specify in the dispute resolution clause). You will be invited to consider challenging situations, all of which are designed to enhance your ability to anticipate legal and business risks, minimise potential pitfalls and give you an idea of a checklist to tackle these commercial issues. The suggested answers aim to guide you towards the sort of thoughtful approach that will help you with similar situations in real life, and allow you to make commercially sensible decisions to avoid being caught by the "all-too-familiar" approach. This workbook is designed to assist anyone involved in the negotiation, enforcement, or interpretation of international commercial contracts. The book aims to help build skills for any counsel assisting clients in international transactions, including those in law firms and in-house legal departments, those acting as judges, arbitrators, mediators, or for training purposes in university and professional training courses.
Book Synopsis Business Contracts Handbook by : Charles Boundy
Download or read book Business Contracts Handbook written by Charles Boundy and published by CRC Press. This book was released on 2016-04-08 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: If money is the lifeblood of business, contracts are the arteries that help carry it around the commercial body. Anyone in business is liable to have to deal with business contracts, but few are trained to do so. Even those that are trained may have experience in limited areas or in the distant past. But the right contract can make a vital difference, not just to recording and enforcing, if need be, the contract terms, but also in ensuring the agreement deals with the real issues and approaches them in a practical way. Finding help in this area is not easy, as the market tends to offer little between serious academic tomes on the one hand and student summaries geared to exams on the other. Business Contracts Handbook fills that gap, covering both the basics of contract law in an accessible style and using a thoroughly practical approach to understanding and negotiating the key terms in a business contract. If you have little prior knowledge, Charles Boundy's many years of experience in drafting and providing guidance on business agreements of all kinds will enable you to acquire a working background quickly. If you have years of experience you will still benefit from a checklist, a reminder of what is important and why, and an easy reference to up-to-date language and drafting - there is always more to learn.
