| Description |
lxv, 885 pages ; 25 cm |
| Contents |
Construction and interpretation of commercial contracts -- Operation of deeds -- Clauses creating debt and money obligations -- Take or pay clauses -- Third party benefit clauses -- Joint, several and proportionate liability -- Indemnity clauses -- Consent clauses -- Option and pre-emption clauses -- Further agreement or subject to contract clauses -- Conditional contracts: qualified performance obligations post agreement -- Good faith clauses -- Essential and non-essential time stipulations -- Force majeure clauses -- Expert and alternative dispute resolution clauses -- Choice of law and of forum clauses in commercial contracts -- Termination clause -- Penalty and forfeiture clauses -- Exclusion of liability and exclusive remedy clauses -- Consequential loss clauses -- Severance and severance clauses |
| Summary |
Annotation. "Commercial Contract Clauses: Principles and Interpretation" 2nd edition analyses the process of construing and interpreting commercial contracts on a clause by clause basis, to the benefit of Australian lawyers. In this work, Joshua Thomson and Leigh Warnick of the Western Australian Bar and Justice Kenneth Martin, apply their wide experience in elucidating matters of commercial significance and value. The work opens with topics where knowledge is often wrongly assumed - the process of constructing a contract, and issues regarding the operation of deeds. The authors then move to areas of difficulty for lawyers, looking at: Clauses creating particular types of obligation, including money obligations. Clauses that may cause problems, yet are commonly included, as with express good faith clauses. Clauses governing or limiting remedies which contracting parties may claim, such as consequential loss clauses. Although the book tackles the intricacies of commercial contract interpretation, the commentary is skilfully written for easy understanding |
| Analysis |
Australian |
| Notes |
Includes index |
| Bibliography |
Includes bibliographical references and index |
| Has Indexes |
P |
| Subject |
Clauses (Law) -- Australia -- Interpretation and construction.
|
|
Commercial law -- Australia.
|
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Contracts -- Australia -- Interpretation and construction.
|
| Author |
Martin, Ken (Kenneth James), 1955- author
|
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Warnick, Leigh (Leigh Alan), 1951- author
|
| ISBN |
9780455236223 |
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