Hart, Oxford lxii and pp, plus 2 pp Bibliography and 40 pp Index. Carter's The Construction of Commercial Contracts is an ambitious work on a number of levels. The book provides a summary of this labyrinthine area and proposes a novel rubric whereby the process of commercial interpretation can be analysed.
Carter sets out a principled approach to the law of construction, splitting the exercise into three stages: i the preliminary stage, where the existence of the contract and its context are established; ii the meaning stage, where it is determined from whose perspective a contract is to be construed and then which meaning is to be selected; and iii the application stage, where the legal meaning is applied to facts. These principles underpin the analysis throughout the book, the central theme of which is that context is all-important in achieving a commercial effect.
The book is split into seven sections. Part I introduces the principles described above and makes general comments on the philosophical underpinnings of contract law.
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Types of commercial contract | Thomson Reuters Legal
By Jennifer Murphy 17 Aug The ever growing demand for efficient, sustainable, affordable homes has resulted in the public and third sectors seeking entrepreneurial ways to create innovative ideas to meet it. This can be through research or development of technology in the utilities, construction, renewable energies, telecommunications and information communication technology sectors.
Often, these innovations require collaboration with third parties whether they be customers, suppliers, licencees or collaborators , to initiate, develop, deliver, manage, or supply content. Intellectual property is a valuable commercial asset which may be used and exploited in various ways. Protecting your existing IPR and any right arising in created works appropriately all too often depends on careful project management and robust commercial contracts. Contractual agreements of this nature will involve complexity, risk and the need to manage different interests.
Their importance should not be underestimated — a solid commercial contract ensures you get what you need out of the project, know how it is to be delivered, and can respond to changing requirements and disputes effectually.
The Supreme Court adopts a literal approach to the construction of a commercial contract
Here we look at the key issues to consider when entering into and negotiating commercial contracts with robust IPR provisions. While it may be tempting to use another contract as a template or cobble together a contract from previous agreements avoiding a lawyer at all costs , there are serious risks in doing so. Key provisions may be missed or inadequate - or worse unenforceable - particularly if you are unsure who actually created the template and whether it is up to date with current laws or applicable to your purposes and the risks of the proposed arrangement.
Setting aside adequate time at the start to consider the purpose of any project, and the following issues, will provide a robust foundation for negotiation of the contract terms:. With regards to IPR, consider what intellectual property rights there are. What is the subject matter of the agreement and what does it consist of?
All too often parties are reluctant to dedicate time at the initial stages, whether it is because they are unaware of the potential issues, are under tight timescales to deliver the project, or underestimate the strength of their own position and end up negotiating out of key points, just to get the deal done.
Due diligence can be beneficial to better understand the other party's motivations and needs in the negotiation process. The majority of commercial contracts will involve the use or development of new IPR of the parties.