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This book is written by three commercial lawyers. Their clients often
ask them as much for help in getting out of a contract as in getting them
into one in the first place. Built around two business case studies, the
book highlights the various legal issues that a business must address when
faced with a contract it wants to walk away from. In the first instance
the business needs to discover whether it is as shackled by a contract as
it thinks it is. In many cases a contract is not as binding as it might
initially appear Getting Out of a Contract explains the circumstances
in which this applies. It then goes on to explore how to minimize the
damage should the agreement be inescapable and helps the reader to
understand what the consequences of any actions might be.
Written in plain English, the authors manage to demystify complicated
aspects of English law for the non-lawyer. This book will help managers
to:
address how they make contracts;
avoid making wrong decisions because they fail to appreciate what
contracts they actually have or how to get round them;
become more attuned to the legal ins and outs of contracts, enabling
them to use lawyers more cost-effectively
Company secretaries, finance directors and managers at all levels will
find Getting Out of a Contract accessible and an invaluable business
planning tool.
Reviews
I think that a refresher is always useful and this book does approach
procurement problems from a new perspective. Supply Management
What this book does achieve, and rather well at that, is a concise, no
nonsense, plain-English introduction to the law of contract for those with
no formal legal training. It takes the reader through the basics of a
complex area of the law of England and Wales, but in a readily understood
and easily digested form. Building Engineer
'Getting Out of a Contract is no dull and worthy volume destined to spend
its life as a doorstop in the company secretary's office. It addresses the
subject in a straightforward manner easily comprehensible to the
non-lawyer
refreshingly free of legalese and works well as a practical
guide for the business person who wants to be shot of an unwanted contract
Locked in an unprofitable contract? Got an equipment supplier who is
relying on unfair terms to force you to buy spare parts and servicing from
him? Feel you have been misled in the conduct of your negotiations? This
book covers all these situations
it is a straightforward read that
assumes little prior legal knowledge. That alone makes it an invaluable
addition to the chief executive's bookcase.' Sunday Business
'Given that your contracts represent your commitments, a book of this kind
might just be the first thing you turn to in the event of a crisis.' Mind
Your Own Business
'Written in plain English, it manages to demystify complicated aspects of
English law for the non-lawyer
Company secretaries, finance directors
and managers at all levels will find Getting Out of a Contract an
invaluable and accessible business planning tool.' ASI Journal
'What this book does achieve, and rather well at that, is a concise, no
nonsense, plain-English introduction to the law of contract for those with
no formal legal training.' Building Engineer
'I found this book to be interesting, easy to follow and very well laid
out.' M2 Best Books
'
the authors avoid overusing case citations and footnotes, and
concentrate on getting the basics across in a clear, erudite manner. The
central issues, while complex, are never incomprehensible, and the authors
don't claim to supply all the answers in this one short book
as a
business tool this book is extremely useful and, given the potential legal
and commercial costs of disputes, the cover price is really not so
expensive.' Financial Management F
Contents
How to get out of a contract; Is there a contract?; Are you a party to the
contract?; What are the key relevant terms?; Competition law issues;
Termination for breach; Misrepresentation and waiver; Remedies for breach
of contract; Negotiating your way out; Post-termination issues; Cases in
book; Bibliography; Index.
About the Authors
Adam Rose, David Leibowitz and Adrian Magnus are solicitors and partners
at City of London law firm Berwin Leighton Paisner. Their daily work
covers commercial contracts, commercial disputes and competition law.
Between them, they have some 40 years of professional experience, advising
businesses of all sizes on their contracts.
£49.50 / US$84.95 ISBN: 0 566 08161 X June 2001 160
pages Hardback
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