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2. BOILERPLATE CLAUSES IN COMMERCIAL CONTRACTS

BOILERPLATE CLAUSES IN COMMERCIAL CONTRACTS is about the legal concepts and English legal vocabulary found in the general, standard clauses of a typical commercial contract. These clauses are usually found towards the end of a contract, after the main terms and conditions, and tend to have a fixed content that is more or less the same in all agreements.

The focus is on the purpose of these so-called ‘boilerplate clauses’, which some lawyers also refer to as ‘general’, ‘standard’, or ‘miscellaneous’ clauses. These clauses have their own section within a contract, and the module looks closely at why it is important for a commercial lawyer to be aware of the advantages and possible disadvantages to a client that may be hidden within them. Although these clauses are often dealt with quickly by a lawyer who is drawing up a contract, they can lead to trouble if not enough attention is given to them. The module looks at how these general clauses can lead to expensive litigation for a client and examines the court case between businessman Donald Trump and banking giant Deutsche Bank. This case started when the 2007 financial crisis meant that the Trump hotel chain was unable to repay a $640 million loan to Deutsche Bank.

Course access: this online legal English course will be available for 18 months after purchase.

At the end of this course in English for lawyers, you will know more about:

  • the importance of boilerplate clauses in a commercial agreement
  • governing law and jurisdiction clauses in the event of a dispute between the parties
  • the prevailing language clause in cross-border contracts
  • contracts signed in counterpart
  • force majeure clauses and the importance of including a written force majeure clause in agreements regulated by the common law
  • the litigation between Donald Trump and Deutsche Bank concerning a high-value Loan Agreement
  • entire agreement provisions
  • how a court can imply terms into a contract regardless of the express content agreed upon by the parties
  • the litigation and the appeals process in the UK
  • some key legal English dictionary terms that are essential to practising commercial law at an international level

TOLES PREPARATION: This course is excellent preparation for all three levels of the TOLES exams in professional legal English.

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TOLES法律英语证书考试,是国际著名的法律英语水平考试之一,主要面向国际执业律师、法律专业学生及法律专业翻译公司等,在全球设有200多家考试和培训中心,每年统一举办5次考试。TOLES考试成绩是律所及外企认定法律英语能力的重要依据之一。

剑桥TOLES培训学校是TOLES考试主办机构Global Legal English Ltd.的官方培训中心,校址位于英国著名学府剑桥大学校内,主要对律师及进修者,进行短期法律专业英语进行强化培训,培训结束直接参加TOLES考试,颁发考试证书。

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TOLES中国网是TOLES法律英语证书考试主办机构Global Legal English Ltd.官方授权,麦氏教育Meridian进行品牌管理、面向TOLES考生、企业法律部门、外资律所、集TOLES品牌推广,TOLES考试复习资料、音像以及其它法律英语相关产品,用户社区互动、售后服务为一体的综合性电子商务平台。

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