CLASSIFICATION OF TERMS: A GUIDE TO DISCUSSION IN OTHER PARTS OF THIS WORK

Summary of main points

The main types of contractual terms are summarised in the next paragraph, and that summary will enable cross-references to be made to discussion elsewhere in this book. The remainder of this chapter (12.03 ff below) will then be devoted to various ‘ancillary clauses’ commonly used in commercial documents.

Terms in general

A. Burrows and E. Peel (eds.), Contract Terms (Oxford, 2007)

K. Wedderburn, ‘Collateral Contracts’ [1959] CLJ 58

See also chapter 13 on implied terms; and chapter 15 on exclusion clauses.

Specific clauses

N. Andrews, Contracts and English Dispute Resolution (Tokyo, 2010), chapters 21 and 22, for a succinct introduction to arbitration and mediation (including clauses providing for these forms of dispute resolution)

K. P. Berger, ‘Law and Practice of Escalation Clauses’ (2006) 22 Arbitration International 1–17

A. Briggs, Agreements on Jurisdiction and Choice of Law (Oxford, 2008)

L. Gulliver, ‘Retention of Title Clauses: A Question of Balance’, in A. Burrows and E. Peel (eds.), Contract Terms (Oxford, 2007), chapter 14

D. Joseph, Jurisdiction and Arbitration Agreements and Their Enforcement (London, 2005)

S. Nesbitt and H. Quinlan, ‘The Status and Operation of Unilateral or Optional Arbitration Clauses’ (2006) 22 Arbitration International 133