Drafting Contracts - Advanced Principles
Author: Ajar Rab
Year: 2024
Drafting Contracts: Advanced Principles by Ajar Rab comes after the huge success of the Basic Principles book. Advanced Principles is a comprehensive guide that navigates through the intricacies of contract law covering both theoretical and practical aspects of the subject matter. With the aim to minimise risk and ambiguity, the book revisits fundamental concepts of the law which arises throughout the lifecycle of a commercial contract from "letters of intent" to "term sheets" and their enforceable aspects. The author has referred to the UNIDROIT and CISG in this book to demonstrate the different approaches that one can take to each clause and how different laws may deal with the same issue.
The book guides the reader through the anatomy of a contract from interpretation clauses to definition qualifiers, trumping provisions, term clauses, accounting terms, representations, warranties, and the closing clause. The author has interspersed the book with practical examples and ample illustrations to reduce discretion and variability in contractual interpretation by adjudicating authorities.
Boilerplate clauses, which are often overlooked, have been dealt with by the author with strategic advice on the usual "choice of law clause", "choice of forum clause", and "exclusive jurisdiction clause". The author has also discussed the "force majeure" clause, particularly its application in the context of the COVID-19 Pandemic which provides an insightful reading on the manner of inserting such clauses with notice periods, identifying trigger events etc.
The author has used clear language and practical examples throughout the book. Its practical approach, combined with its coverage of basic and advanced principles of contract law makes it an indispensable resource for both beginners as well as seasoned professionals. Must have for in house counsel and transactional lawyers!
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