Author: Richard Christou
Publisher: Sweet & Maxwell
This is a well-written hardback edition (466 pages excluding index) which deals knowledgeably with the usual boilerplate suspects: definitions and interpretation; commencement and termination; confidentiality and disclosures; IPRs; warranties, guarantees and indemnities; exclusions of liability, retention of title and vesting; service of notices; whole agreement and variation clauses; disputes and conflict of laws.
There are several good reasons to avoid complacency where boilerplate clauses are concerned. They not only have to be updated to take into account new court decisions and legislation, but also have to keep up with the pace of fast-changing IT.
The contributions relating to cloud computing are interesting and topical: clauses defining cloud computing are suggested against a backdrop of helpful explanations of different cloud computing service and deployment models.
The final chapter looks at contracts and the internet, and helpfully explores typical e-commerce transactions (consumer and non-consumer) on a step-by-step basis and, together with legal analysis, suggests appropriate clauses.
The role that boilerplate clauses play in risk management is well illustrated throughout, as is the way they often interlink with and build on each other.
Christou’s style is clear, practical, academic and authoritative. After an early career as a solicitor and in-house counsel, he worked for Fujitsu in a variety of senior management roles. Recently retired, he continues to advise Fujitsu on business and legal matters as an independent consultant, and is chairman of an investment company. This impressive legal and literary career explains the authorative tone of Boilerplate: Practical Clauses and will give those lawyers who usually do not pay much attention to boilerplate clauses ample cause to reconsider.
Amanda Gibbs is a practising solicitor
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