Victor Woroner - Böcker

An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand:- the circumstances when a term will be incorporated into a contract- the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, ‘fundamental breach’, etc)- clause by clause consideration of UCTA, including key concepts such as the meaning of the ‘requirement for reasonableness’ - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the ActThis edition includes coverage of:- Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd-Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes:- Consumer Rights Act 2015- Unfair Contract Terms Act 1977- Contracts (Rights of Third Parties) Act 1999- Misrepresentation Act 1967This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including:- Coverage of EU Horizon 2020 replacing Framework 7 funding scheme- General Data Protection Regulation (GDPR)- Updates in line with the Charities Act 2011- New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements)- New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014- New material on the EU Trade Secrets Directive- Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC- Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014)- Coverage of Technology Transfer Regulation, 316/2014 and related guidelinesThis title is included in Bloomsbury Professional's Intellectual Property and IT online service.

This book is the ‘one-stop-shop’ for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as ‘How do I draft my contract clearly?’, ‘What will happen if my contract is interpreted by the English court?’ and ‘Why are liability clauses so full of legal jargon?’, the book includes:- A guide to the common legal issues in negotiating and drafting contracts- An explanation of the structure and content of a commercial contract- The meaning and use of commonly-used words, phrases and legal jargon- An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015- Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documentsFully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes:- A new chapter on termination of contracts- New material on administering of existing contracts and modern methods of executing documents (eg DocuSign)- New and updated examples of contract drafting techniques- Additional definitions of legal terms used in contractsThis title is included in Bloomsbury Professional's Company and Commercial Law online service.

‘The work’s strength lies in two main features. First…it provides guidance by reference to numerous cases (some of which might well have been overlooked) for the purposes of assisting someone to draft a contract effectively. Secondly, it provides “worked examples”…it is very useful and I hope that it will reach a wider audience.’HH Humphrey Lloyd KC, former judge of the Technology and Construction CourtInternational Construction Law Review (Review of a previous edition)Do you need help with drafting standard contract clauses, but only have a few minutes? This book is an alphabetical, quick-access guide. It provides up-to-date, practical drafting advice on the purpose and effect of a wide range of the clauses in common use. The Fifth Edition covers major developments and includes new sections covering: - ‘Good governance’, eg compliance with health and safety, bribery and slavery laws- Revised and expanded sections dealing with: - Entire agreement clauses- Exemption clauses - Indemnities - Warranties This book includes:- A step-by-step commentary- Examples of best practice in different situations- Detailed notes on each type of boilerplate clause- A summary of relevant law, including statutory definitions and case law- Precedents supplied as an accompanying electronic downloadComprehensive and organised for ease of use, this title guides the user through each clause, explaining its purpose, considering its relevance, and providing illustrative examples.This title is included in Bloomsbury Professional's Company and Commercial Law online service.