Comments on: “From the Beginning of Time” and “At Law or in Equity” http://www.adamsdrafting.com/2006/07/05/release-language/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: AdamsDrafting » Blog Archive » Litigators Drafting Contracts? http://www.adamsdrafting.com/2006/07/05/release-language/comment-page-1/#comment-7802 AdamsDrafting » Blog Archive » Litigators Drafting Contracts? Tue, 21 Aug 2007 15:56:56 +0000 http://www.adamsdrafting.com/2006/07/05/release-language/#comment-7802 [...] contract drafting wouldn’t seem conducive to dabbling. I’ve sometimes wondered whether the florid quality of much release language is due to its being drafted by [...] [...] contract drafting wouldn’t seem conducive to dabbling. I’ve sometimes wondered whether the florid quality of much release language is due to its being drafted by [...]

]]> By: Ken Adams http://www.adamsdrafting.com/2006/07/05/release-language/comment-page-1/#comment-6400 Ken Adams Sun, 08 Jul 2007 17:52:01 +0000 http://www.adamsdrafting.com/2006/07/05/release-language/#comment-6400 Mike: I haven't investigated it, but it's hard to imagine how the Florida issue you mention could be addressed by reverting to <em>from the beginning of time</em>. If I'm mistaken, please let me know. Ken Mike: I haven’t investigated it, but it’s hard to imagine how the Florida issue you mention could be addressed by reverting to from the beginning of time. If I’m mistaken, please let me know. Ken

]]> By: Mike http://www.adamsdrafting.com/2006/07/05/release-language/comment-page-1/#comment-6398 Mike Sun, 08 Jul 2007 17:33:46 +0000 http://www.adamsdrafting.com/2006/07/05/release-language/#comment-6398 I would respectfully suggest that there are some courts in which that kind of release language is necessary. Florida courts, for example, have construed the phrase "all claims" in a release to be impermissibly ambiguous for purposes of awarding attorney's fees in an offer-of-settlement context. In such a a context, I would seriously consider whether "from the beginning of the world until the end of time" effectively removed any ambiguity regarding time, knowing that somewhere, there's an appellate judge out there who wants to deny my attorney's fees. I would respectfully suggest that there are some courts in which that kind of release language is necessary. Florida courts, for example, have construed the phrase “all claims” in a release to be impermissibly ambiguous for purposes of awarding attorney’s fees in an offer-of-settlement context.

In such a a context, I would seriously consider whether “from the beginning of the world until the end of time” effectively removed any ambiguity regarding time, knowing that somewhere, there’s an appellate judge out there who wants to deny my attorney’s fees.

]]> By: Susan R http://www.adamsdrafting.com/2006/07/05/release-language/comment-page-1/#comment-716 Susan R Wed, 20 Sep 2006 17:21:48 +0000 http://www.adamsdrafting.com/2006/07/05/release-language/#comment-716 I agree with you sentiments completely, a lay person at that! I happened upon your blog entry because, as you mentioned you did yourself, I did a search for the phrase “from the beginning of the world”. A family member recently signed such a release form and when I saw that wording I roared with amused incredulity!! Such phrasing does nothing to ease a negative stereotype of the law profession! What a hoot! I wonder, what’s next? The phrase “Until the 12th of Never and that’s a long, long time!”? I agree with you sentiments completely, a lay person at that! I happened upon your blog entry because, as you mentioned you did yourself, I did a search for the phrase “from the beginning of the world”. A family member recently signed such a release form and when I saw that wording I roared with amused incredulity!! Such phrasing does nothing to ease a negative stereotype of the law profession! What a hoot!

I wonder, what’s next? The phrase “Until the 12th of Never and that’s a long, long time!”?

]]>