Drafting Commercial Agreements. Hardcover, Thomson Reuters
In its 25th anniversary edition, Behind and Beyond Boilerplate: Drafting Commercial Agreements, Fifth Edition determines a practical approach by providing sample boilerplate clauses and explains their meaning with the legal framework.
The underlying historical common law and equitable principles that gave rise to the use of boilerplate clauses are demonstrated and an analysis of the judicial treatment of those clauses are provided. This publication also addresses practical issues that may arise with the use of boilerplate clauses and makes recommendations on drafting them.Â
In the heat of negotiation, savvy practitioners pay particular attention to boilerplate clauses. By making sure that you include essential clauses, and by fine-tuning – rather than cutting and pasting – standard clauses, you are best positioned to protect your client’s interests down the road.
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To enhance your drafting skills, and to arm you with essential “boilerplate” knowledge, to better protect your client, order Behind and Beyond Boilerplate: Drafting Commercial Agreements, Fifth Edition. This often-quoted legal text will give you the confidence and skill to identify, understand, and refine boilerplate language to protect your clients in commercial agreements. This book is the leading authority on drafting boilerplate clauses.
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New in the Fifth Edition:
- Update of all case law affecting boilerplate clauses referenced in the fourth edition including commentary on that impact contract interpretation and boilerplate
- The section on Extended Meanings has been expanded to include gender neutral references and practices
- The section on the English Language Clause has been substantially revised given the recent developments in Quebec regarding French language laws
- As in previous editions, current trends in contract interpretation and the principles expressed in the Supreme Court of Canada “good faith” cases have been reflected in this Fifth Edition