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Drafting Commercial Agreements

2nd edition
Stuart Cakebread and Juliette Levy
Availability: Published

Drafting and tailoring commercial agreements to your client's needs can take up valuable time in your already busy day. With its range of flexible and adaptable precedents, Drafting Commercial Agreements can help you to draw up agreements accurately and efficiently. Thorough and practical, the book is divided into three parts:

  • Part 1 examines the basic rules, structure and construction of a commercial contract
  • Part 2 provides a guide to common commercial clauses, including those relating to exclusion and limitation. There is a discrete chapter on how to draft a liquidated damages clause
  • Part 3 sets out and provides commentary on a range of commercial agreements.

This second edition contains:

  • a new set of terms and conditions for e-commerce
  • a cross-border arbitration clause to try to mitigate the effects of Brexit
  • a free-standing non-disclosure agreement that can be put in place before contract negotiations begin in earnest
  • updates to take account of case law developments since the first edition was published (including Rainy Sky v. Kookmin Bank).

The documents included are intended to cover those areas most commonly encountered in commercial practice and include agency, distribution, franchising, joint ventures and the sale and supply of goods

Model clauses and agreements are reproduced on a CD accompanying the book, allowing easy customisation and saving you time and money.


  1. Part I - Basic rules and structure and construction of a commercial contract:
  2. 1. Basic rules and structure
  3. 2. How a contract is construed – modern rules of construction
  5. Part II - Commercial clauses:
  6. 3. Commercial clauses relating to limitation or exclusion of liability
  7. 4. Liquidated damages
  8. 5. Safety and miscellaneous commercial clauses
  10. Part III - Specific commercial agreements:
  11. 6. Agency
  12. 7. Buying and selling businesses
  13. 8. Contractor services
  14. 9. Distribution agreements
  15. 10. E-commerce
  16. 11. Franchising
  17. 12. Guarantees and indemnities
  18. 13. Information technology
  19. 14. Joint ventures
  20. 15. Leasing of equipment
  21. 16. Marketing and advertising agency
  22. 17. Sale of goods
  23. 18. Sponsorship
  24. 19. Non-disclosure agreement.

About the Author

Stuart Cakebread is a barrister at Cerulean Chambers practising commercial law, including European and worldwide cross-border litigation and enforcement, international convention and treaty law, civil fraud, banking, commercial agency, non-medical professional negligence and the drafting of commercial contracts. He was called to the Bar by the Middle Temple in 1978 and is also a member of the British Virgin Islands Bar. Juliette Levy is also a barrister at Cerulean Chambers recognised as a leading junior commercial barrister practising in ADR/mediation, civil fraud, commercial litigation, professional negligence, regulatory, treaty and public law and telecommunications law.




Company and commercial


May 2018


Law Society




Paperback + CD
288 Pages