This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts. The first Part of the work deals with general principles of interpretation. It then considers clauses which allocate commercial risk; clauses relating to performance; clauses introducing new parties by way of assignment, vation or mination; clauses such as guarantees and indemnities which create liabilities in third parties; and dispute resolution clauses including governing law. The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners.
Professor Bill Duncan, LLB(Qld), LLM(Lond), Solicitor Queensland is a Professor in the Faculty of Law, Queensland University of Technology and consultant to Allens Arthur Robinson Solicitors. Professor Duncan has practised , published and lectured extensively in all aspects of property transactions including land contracts, commercial leasing and land mortgages and allied subjects since 1970.