IP Draughts is delighted to see that the 4th edition of Drafting and Negotiating Commercial Contracts has now been published. A cardboard box full of copies arrived at Anderson Towers last week; a late, but welcome, Christmas present.
The 1st edition of this book was published in 1997, nearly 20 years ago. Then, the main body of the book comprised 149 pages. The 4th edition has 351 pages. Much of the work on recent editions has been done by IP Draughts’ co-author Victor Warner, who joined Anderson & Company, as it was then called, at around the time the 1st edition was published.
The preface to the 1st edition stated that book was conceived as “a practical guide for contract draftsmen. It discusses both legal issues (including issues of contract law which directly affect contract drafting, and how the courts approach the task of interpreting contract wording) and practical issues (including contract drafting techniques, and issues which commonly arise in contractual negotiations).”
Twenty years on, the core purpose of the book remains unchanged. It has been expanded and updated, and now includes chapters on electronic signatures, consumer contracts, advanced drafting techniques, and practical subjects like checking documents prior to signature. The chapter on interpretation by the courts takes into account a flurry of recent decisions by the UK Supreme Court, including Arnold v Britton in 2015. There is an extensive glossary of terms used in contracts, including covenant and time is of the essence.
The book is intended to be suitable for both lawyers and non-lawyers. If you feel an overwhelming compulsion to buy a copy, you can do so here.
We are working on the 4th edition of its companion volume, A-Z Guide to Boilerplate and Commercial Clauses, which should be completed in the next 6 months.
“…not only essential reading for commercial lawyers and
contract managers, but also an excellent address for anyone
who wishes to negotiate or draft commercial contracts… this
book certainly is the indispensable work of reference for
everyone concerned with commercial contracts”
German-British Chamber of Industry and Commerce, commenting on 3rd edition