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Contract Drafting

939 published works

  1. Adams on Contract Drafting

    “Subsisting”? No Thanks

    By Ken Adams

    Today’s mystery contracts word is subsisting. I searched on EDGAR for subsist in its various forms. Although it’s used sporadically in other contexts, the 40 or so examples I looked at…

  2. Adams on Contract Drafting

    A New Delaware Case Shows When It Doesn’t Make Sense for Words to Take Precedence Over Digits in Interpreting Numbers

    By Ken Adams

    I noticed that the recent opinion of the Delaware Chancery Court in Fetch InteractiveTelevision LLC v. Touchstream Technologies Inc. (here) featured the following snippet from the contract at issue: “[FetchIT]…

  3. Delaware Corporate & Commercial Litigation Blog

    Chancery Addresses When Extrinsic Evidence Allowed

    By Francis Pileggi

    A recent Court of Chancery decision explains when an agreement will be deemed ambiguous such that extrinsic evidence will be allowed, and related contract interpretation principles. Key Issue Addressed: The…

  4. Adams on Contract Drafting

    Unnecessary Quotation Marks in “Contract” Language

    By Ken Adams

    Translator Elizabeth Adams posted in the LinkedIn group A Manual of Style for Contract Drafting (here) the image below. I had seen that image previously, in the context of discussion…

  5. Whitman Legal Solutions Blog

    Performing From Memory and Eliminating Unnecessary Contract Provisions

    By Elizabeth Whitman

    One noticeable distinction between an orchestra musician and a soloist is that the orchestra musicians have their music in front of them on a music stand. Soloists playing with an…

  6. My Shingle

    #NewLaw Profile: Noory Bechor, Algorithm Law

    By Carolyn Elefant

    On MyShingle, we celebrate the solo and small firm practitioner, and those at the forefront of innovation in the legal field. Our newest project, 41 Legal Practice Areas That Didn’t…

  7. Iowa Construction Law Blog

    Best Practices in Commercial Real Estate: Commitment Letter

    By bbruner@dickinsonlaw.com Dickinson Mackaman Tyler Hagen P.C.

    Commercial Real Estate Loan Documentation Best Practices PART 1:  Commitment Letter Following credit approval, the formal real estate lending process typically starts with a commitment letter which seeks to establish…

  8. Blaneys Appeals

    BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (NOVEMBER 5 – 9, 2018)

    By John Polyzogopoulos

    Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Provincial Offences and Criminal Decisions | Ontario Review Board Good evening. Following are the summaries of this…

  9. Delaware Corporate & Commercial Litigation Blog

    Prior Material Breach No Defense When Contract Benefits Retained

    By Francis Pileggi

    A recent Delaware Court of Chancery opinion explained the risks associated with using prior material breach of a contract as a defense. In the matter of Post Holdings Inc. v.…

  10. Wiley Executive Summary

    Contract Exclusion Precludes Coverage for Breach of Health Management Service Provider Agreement

    By Robert H. Riley

    A Texas federal district court, applying Texas law, has held that a contract exclusion in an errors and omissions policy precluded coverage for a suit alleging that the insured breached…