Drafting contracts

8 Particular types of contract clauses

Now that we have addressed contract drafting in terms of drafting technique and the usage of phrases, it is time to address certain types of clauses that are used very frequently. In this chapter, we will provide many best practice rules for:

  1. Conditions, conditional clauses and triggering events
  2. Covenants (contractual arrangements adjacent to key obligations)
  3. Representations and warranties
  4. Limitations of liability and indemnity
  5. Confidentiality

The chapter will end with a paragraph in which the most common ‘miscellaneous (boilerplate) provisions‘ and applicable law and dispute resolution clauses are discussed.