Topic
Contract Drafting
937 published works
Technology's Legal Edge
Contracts Deconstructed: What “Shall” We Do?
Recently, I have heard many attorneys and experts in legal writing touting the importance of eliminating the use of the term "shall" in contracts. Generally speaking, this may seem like the right approach…
British Columbia Insurance Blog
Sophisticated parties will be deemed to have knowledge of common insurance terms
Parties are presumed to be acquainted with statutory definitions of a common insurance term for the purposes of contractual interpretation where the parties are engaged in the insurance industry. In…
Legal Writing Prof Blog
drafting conference
Professor Emerita Tina Stark and Dean Robert Schapiro of Emory University's law school are pictured here at the dinner honoring Tina's huge contribution to legal drafting education. The dinner was…
ContractsProf Blog
Contracts in the Real World and the Law School Curriculum
[Like Jake Linford's post, this is a cross post from Concurring Opinions, which had an online symposium about Professor Cunningham's book, Contracts in the Real World. I previously blogged about…
Delaware Corporate & Commercial Litigation Blog
Chancery Denies Summary Judgment Based on Contract Principles
Impact Investments Colorado II, LLC v. Impact Holding LLC, C.A. No. 4323-VCP (Del. Ch. Aug. 31, 2012), read opinion here. This 37-page opinion is rather unremarkable to the extent that it does…
Delaware Corporate & Commercial Litigation Blog
Supreme Court Justice Pens Book on Interpretation of Contracts and Statutes
U.S. Supreme Court Justice Antonin Scalia has co-authored another book with Bryan Garner, Editor in Chief of Black's Law Dictionary, that was recently released with the title: Reading Law: The…
Delaware Corporate & Commercial Litigation Blog
Contract Interpretation Principles under PA Law
For those interested in contract interpretation principles under PA law, and in particular when extrinsic evidence will be allowed, such as course of performance and usage of the trade, the…
M & A Law Prof Blog
Shall, must, and may
By CorporateAcquisitions MergerLawBlogger
Bryan Garner makes the argument (again) to stop using "shall" in drafting contracts. I'll stop using "shall" in drafting when I stop using it in conversation! Oh wait, I don't use…
Food Liability Law
It’s not boilerplate, it’s part of the contract
What parties might consider "boilerplate" terms often have significant meaning, and a failure to read such terms carefully can lead to bad results. A Wisconsin case about a disclaimer of…
Delaware Corporate & Commercial Litigation Blog
Chancery Considers Extrinsic Evidence in Granting Motion for Summary Judgment
GRT, Inc. v. Marathon GTF Technology, Ltd., C.A. No. 5571-CS (Del. Ch. June 21, 2012). This relatively short decision offers important statements of Delaware law on contract interpretation and summary…