Topic
Contract Drafting
939 published works
ContractsProf Blog
Book Review: Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contracts Law
Carolina Academic Press has just released the fourth edition of the above title by Professor Scott J. Burnham. I got a chance to review it and, although I have not…
ContractsProf Blog
Scholarship Spotlight: “The Arbitration Bootstrap” (Christopher R. Leslie, UC-Irvine)
By Mark Burge
The federal law of arbitration has become an increasingly prominent intruder into the state law of contracts over the last few decades, largely because of the Supreme Court's interpretive morphing…
CALIFORNIA ATTORNEY'S FEES
Fee Clause Interpretation, Prevailing Party, Section 1717: Another Reversal Of Fortune—Rehearing Granted Where Prevailing Plaintiff Now Gets Return Of $4.2 Million Fee Recovery
Earlier, The Fee Recovery Went POOF!, But Restored After A Rehearing. President Grant at his cottage by the sea. c1872. Library of Congress. We have posted before in our February…
Ship Law Log
Contractual amendments – “only in writing and signed by the parties”
We often see contracts containing wording along the lines of: "This Agreement may not be amended, except by the mutual written agreement of the Parties." The recent decision of the…
New Jersey Law Blog
Say What You Mean – 3 Easy Steps to Avoid Ambiguous Agreements
Have you ever read a confusing contract and scratched your head? Whether it is a lease, operating agreement, or other contract, it is imperative to understand what you want. It…
Legal Writing Prof Blog
An Empirical Look at the Prescriptivist vs. Descriptivist Dilemma in Drafting
In an interesting post for those of us who teach contract drafting, Golden Pen Awardee and legal writing expert Ross Guberman explores the prescriptivist versus descriptivist dilemma facing the contract drafting community.…
GovCon & Trade
“Standard” Flow-downs No More?
Contractors may be familiar with receiving a long list of flow-down provisions from their prime contractor that don't seem to apply to them or are burdensome to comply with. This…
Ahead of Schedule
Expect the Best, Prepare for the Worst – Drafting Construction or Design Contracts
By Karl Oles
When embarking on a new design or construction contract, all parties hope the road will be smooth and that any bumps can be handled by agreement. However, real disputes do…
ContractsProf Blog
KCON Highlights III: Virtual Currencies & Emerging Payment Systems; Contract Drafting
By Mark Burge
Video recordings of most of the proceedings at KCON XI are available courtesy of our friends at St. Mary's University School of Law, and we are pleased to highlight and…
LawSites
Is This the Proof of Concept for Artificial Intelligence in Law?
The jury is still out on the role to be played by artificial intelligence in law. As a recent New York Times article observed about IBM's attempts to commercialize its…