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Contract Drafting

937 published works

  1. Delaware Corporate & Commercial Litigation Blog

    Chancery Dissolves LLC Based on Section 18-802 “Reasonably Practicable” Standard

    By Francis Pileggi

    In Fisk Ventures LLC v. Segal, (Del. Ch., Jan. 13, 2009), read opinion here, (hat tip: Delaware Business Litigation Report), the Delaware Chancery Court dissolved an LLC based on the…

  2. British Columbia Insurance Blog

    Interpretation of an insurance contract can require a trial if a factual matrix is necessary to determine the context pertaining to the clause in question.

    By Michael Thomas

    The Defendant insurer brought a motion to dismiss an action concerning a cancellation clause written into an agreement via Summary Judgment. There was ambiguity, and the issue dealt with conflicting…

  3. Litigation & Trial

    Why Should Companies Have Lawyers Review Contracts? An Example from the Max Planck Institute

    By Max Kennerly, Esq.

    Here's the original (now replaced) cover to the latest issue of MaxPlanckForschung, the flagship journal of the Max Planck Institute:  As MPF later explained, The cover of the most recent German-language…

  4. Delaware Corporate & Commercial Litigation Blog

    Summary Judgment Granted On Earnout Provisions of Merger Agreement

    By Francis Pileggi

    Comet Systems, Inc. v. Miva, Inc., (Del. Ch., Oct. 22, 2008), read opinion here. This Chancery Court opinion involves the interpretation of an earnout provision and a change-of-control bonus in a merger…

  5. British Columbia Insurance Blog

    An exclusion clause in an insurance policy is only valid if it is unambiguous.

    By Michael Thomas

    An ambiguous term in a critical illness policy exclusion clause should be construed against the party who drafted the clause. Duke v. Clarica Life Insurance Co. 2008 ABCA 301 Alberta…

  6. British Columbia Insurance Blog

    An exclusion in an insurance policy may not be valid if it is unclear.

    By Michael Thomas

    An ambiguous term in a critical illness policy exclusion clause should be construed against the party who drafted the clause. Duke v. Clarica Life Insurance Co. 2008 ABCA 301 Alberta…

  7. British Columbia Insurance Blog

    Death resulting from huddling and piling must be defined in the policy in order to exclude coverage.

    By Michael Thomas

    Court finds for insured where definition of industry-specific terms found in exclusion clause not defined in policy. Fovant Farms Ltd. v. West Elgin Mutual Insurance C. [2008] O.J. No. 3309…

  8. Legal Writing Prof Blog

    New published works on contract drafting and effective demand letters

    By legalwriting

    The second edition of Kenneth Adams' "A Manual of Style for Contract Drafting" has just been published by the ABA Section on Business Law.  It's widely considered the definitive book…

  9. Legal Writing Prof Blog

    The drafting of business contracts is dysfunctional according to a recent story in the NLJ

    By legalwriting

    The current issue of the National Law Journal contains an opinion piece by Kenneth Adams, a lecturer at U. of Pennsylvania School of Law, that labels the present state of…

  10. Delaware Corporate & Commercial Litigation Blog

    Chancery Court’s Contract Decision Refers to The Deal.com

    By Francis Pileggi

    In Rossi v. Ricks, 2008 WL 3021033 (Del. Ch., Aug. 1, 2008), read opinion here, the Delaware Chancery Court reiterates basic contract interpretation principles as well as the policy underpinnings for…