Monthly Archives: August 2006

“Applicable”

Here’s another target in the battle against ponderous contract prose—the adjective applicable. I discuss below three different ways that it’s used in contracts. “Applicable” Plus …

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Issues in Drafting Commercial Agreements—Using the First and Second Person

I had always assumed that only consumer contracts use the first and second person, as in Each of us is free to enter into similar …

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Issues in Drafting Commercial Agreements—The “Box”

My background is in drafting for deals rather drafting commercial agreements. (By “commercial agreement” I mean, vaguely enough, a form agreement relating to the supply …

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“Without Limiting the Generality of the Foregoing”

I had such fun contemplating for the avoidance of doubt that I was inspired to move on to its very close relative, without limiting the …

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“For the Avoidance of Doubt”

How’s this for a categorical statement: Never use for the avoidance of doubt. Sometimes a drafter will use this phrase in a contract to introduce …

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Costly Drafting Errors, Part 1—Rogers Communications and Aliant

I have a particular interest in the real-world implications of indifferent drafting, so I’ve been contemplating doing an occasional series on drafting screw-ups that make …

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The Bankruptcy Code’s Effect on a Drafter’s Ability to Restrict Assignment and Provide for Termination on Bankruptcy

Drafters should be aware of laws that can trump provisions of a given contract. A good example of this is the way the U.S. Bankruptcy …

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“Certify”

The issues of word choice that I discuss in MSCD are ones that drafters are likely to encounter repeatedly. In your day-to-day drafting, you’ll probably …

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