Getting Out of a Contract - A Practical Guide for Business

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.

Preface, 1 How to get out of a contract, 2 Is there a contract?, 3 Are you a party to the contract?, 4 What are the key relevant terms?, 5 Competition law issues, 6 Termination for breach, 7 Misrepresentation and waiver, 8 Remedies for breach of contract, 9 Negotiating your way out, 10 Post-termination issues, Cases in book, Bibliography, Index

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.