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2 of 2 people found the following review helpful
5.0 out of 5 stars For lawyers and 'costs geeks' in general...., 20 Nov. 2012
Phillip Taylor (Richmond Upon Thames, England) - See all my reviews
(TOP 1000 REVIEWER)   
This review is from: A-Z Guide to Boilerplate and Commercial Clauses (Hardcover)
Length:: 4:19 Mins


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

Commercial lawyers will certainly bless this book, now in a new third edition via Bloomsbury Professional. The beauty and of course the utility of the book -- as the title indicates -- is that the clauses -- boilerplate clauses to be precise -- are listed for ease of use in alphabetical order from `acknowledgements' to `warranties'.

This feature alone is a boon to the busy lawyer, or indeed anyone tasked with drafting a commercial contract. (One of the better known clauses in this alphabetical list is `completion' pertaining to the sale of real property.)

But what exactly are `boilerplate clauses?' Although the term generally defies precise definition, the co-authors Mark Anderson and Victor Warner state that it's used broadly to mean contract terms that are found in commercial agreements, almost irrespective of the subject matter of the agreement. Usually found toward the end of an agreement, they quite often are not necessarily concerned with its subject matter, or its main purpose. Nonetheless, as the authors imply, you ignore or dismiss such clauses at your peril.

Failure to consider (or understand) all the provisions of a commercial agreement (even the "boring "ones)' [i.e. boilerplate clauses] say the authors, can have serious consequences - hence the value of this book, which also examines a selection of other contract clauses frequently encountered in many types of commercial agreement.

This new third edition has been written as a practical guide (rather than specifically a legal textbook or casebook) for practitioners frequently faced with the challenges posed by boilerplate and other commercial clauses in their everyday commercial work. Following on from the two previous editions, this new one provides additional explanations and commentary on the legal principles which underline a boilerplate clause.

Other new material includes sections on data protection, freedom of information and good faith and much more besides. The book also provides extensive tables of cases, statutes, and statutory instruments, plus an appendix which features a sample boilerplate agreement and detailed index.

Primarily this is a useful practitioner guide to an often confusing, yet crucially important area of law, although the authors are careful to state that it is not a general guide to negotiating or drafting contracts. For that they recommend their book `Drafting and Negotiating Commercial Contracts' also published, like this particular volume, in 2012.
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A-Z Guide to Boilerplate and Commercial Clauses
A-Z Guide to Boilerplate and Commercial Clauses by Victor Warner (Hardcover - 5 Sept. 2012)
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