Monthly Archives: June 2006

Revisiting “Representations and Warranties”

The Nov.–Dec. 2005 issue of Business Law Today contains my article A Lesson in Drafting Contracts: What’s Up with “Representations and Warranties?” Because in this …

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New Article on MAC Provisions

I’ve just posted on the “Ken Adams’s Articles” page a copy of my article Understanding “Material Adverse Change” Provisions, which is in the June 2006 …

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Pre-closing Knowledge of Inaccurate Representations

This weekend, I decided to explore the implications of the Buyer knowing, pre-closing, that a Seller representation is inaccurate. (I haven’t seen the various aspects …

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Schedules and Exhibits as Part of a Contract

It’s commonplace for drafters to assume that unless they say so explicitly, schedules and exhibits attached to a contract don’t constitute part of that contract. …

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Calling All Linguists—A Question Regarding Verb Use

With your indulgence, I’d like to talk grammar. At the heart of A Manual of Style for Contract Drafting is what’s discussed in chapter 3—the …

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Referring to Trademarks

I’ve spent a fair amount of time recently working on commercial agreements, and I’ve noticed that some companies require that their registered trademarks be stated …

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The Concept of “Tested” Contract Language

In the past ten days, I have twice had people mention to me, in the course of conversation, the notion of “tested” contract language. The …

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Posted in Inertia | 4 Comments

“Curly” and “Straight” Quotation Marks

I’ve been filling some gaps in my knowledge of Microsoft Word, and while browsing Word’s online “Help” database recently I was reminded of one of …

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“Notice” or “Prior Notice”?

Last February, Wayne Schiess, Director of Legal Writing at the University of Texas School of Law, asked me whether I had any views on a …

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The Contract Drafter as Copyright Violator

[Update: Go here for my article on this topic.] A forthcoming Missouri Law Review article by Davida Isaacs—it was featured in a recent item on …

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Posted in Process | 3 Comments