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This book comprehensively explains the meaning, scope, and applications of all important clauses in business contracts. The clauses include, among others, integration, no oral modification, termination, damages and indemnity clauses. The book engages the reader with its innovative approach that the clauses are founded on common sense principles of contract law. It draws from the English court judgments, mostly the United Kingdom Supreme Court and the Court of Appeal, which have been at the forefront in expeditiously interpreting the contract terms. As the same clauses are being used everywhere, the book is relevant in all the jurisdictions. The contract terms are being borrowed, adopted and adapted globally and the courts are interpreting the meaning and scope of the terms. Business managers, business leaders, government officers and policy makers, world over, work with domestic and international contracts and will find take-aways from the book. Students of business management and business studies can use it as a textbook for elective courses in business management on negotiating and managing business contracts. It can also be used as a textbook for executive education of business managers and government officers.
Sommario
Chapter 1: Oral Contracts.- Chapter 2: Written Contracts and signing clause.- Chapter 3: Entire Agreement Clause.- Chapter 4: No Oral Modification Clause.- Chapter 5: Termination of Contract for breach.- Chapter 6: Termination of Contract for non-breach.- Chapter 7: Force Majeure (Impossibility) Clause.- Chapter 8: General Damages.- Chapter 9: Liquidated Damages.- Chapter 10: Limitations of Liability.- Chapter 11: Indemnities.- Chapter 12: Quality of goods.- Chapter 13: Warranty (Exclusion) Clauses.- Chapter 14: Ownership retention clause.- Chapter 15: International Commercial Terms.- Chapter 16 Representations and Exclusions.- Chapter 17: Payment mechanism.- Chapter 18: Assignment, subcontracting and subletting.- Chapter 18: Applicable law, Arbitration and jurisdiction.- Chapter 19: Other Terms.- Chapter 20: Integration.
Info autore
Akhileshwar Pathak is Professor of Business Law at the Indian Institute of Management, Ahmedabad (IIMA). He has focused his research on law and contracts for over two decades and has authored several books including Contract Law (2011); Law of Sale of Goods (2013); Law Relating to Special Contracts (2013); Law of Sale, Lease and Mortgage (2017); Contract Terms are Common Sense (2018); and Business Lawsuits and Disputes (2022). His textbook for management students, Legal Aspects of Business (2023) is in its eighth edition.
Riassunto
This book comprehensively explains the meaning, scope, and applications of all important clauses in business contracts. The clauses include, among others, integration, no oral modification, termination, damages and indemnity clauses. The book engages the reader with its innovative approach that the clauses are founded on common sense principles of contract law. It draws from the English court judgments, mostly the United Kingdom Supreme Court and the Court of Appeal, which have been at the forefront in expeditiously interpreting the contract terms. As the same clauses are being used everywhere, the book is relevant in all the jurisdictions. The contract terms are being borrowed, adopted and adapted globally and the courts are interpreting the meaning and scope of the terms. Business managers, business leaders, government officers and policy makers, world over, work with domestic and international contracts and will find take-aways from the book. Students of business management and business studies can use it as a textbook for elective courses in business management on negotiating and managing business contracts. It can also be used as a textbook for executive education of business managers and government officers.
