Comments on: Language to Use When Making an Ancillary Document Part of a Contract http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: AdamsDrafting » Blog Archive » How Not to Incorporate a Virtual Attachment, Part Deux http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/comment-page-1/#comment-9834 AdamsDrafting » Blog Archive » How Not to Incorporate a Virtual Attachment, Part Deux Tue, 09 Oct 2007 22:04:09 +0000 http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/#comment-9834 [...] this March 2007 post I discussed language to use, and language not to use, when making an ancillary document—including [...] [...] this March 2007 post I discussed language to use, and language not to use, when making an ancillary document—including [...]

]]> By: AdamsDrafting » Blog Archive » Unilaterally Amending “Virtual Attachments” http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/comment-page-1/#comment-6847 AdamsDrafting » Blog Archive » Unilaterally Amending “Virtual Attachments” Mon, 23 Jul 2007 20:11:10 +0000 http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/#comment-6847 [...] this post I discussed language to use when incorporating into a contract terms stated in an ancillary [...] [...] this post I discussed language to use when incorporating into a contract terms stated in an ancillary [...]

]]> By: Ken Adams http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/comment-page-1/#comment-4640 Ken Adams Fri, 18 May 2007 20:46:01 +0000 http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/#comment-4640 The May/June 2007 issue of Business Law Today contains, in <a href="http://www.abanet.org/buslaw/blt/2007-05-06/keepingcurrent3.shtml" rel="nofollow">Keeping Current: Contracts</a>, a discussion of the <em>Affinity Internet</em> case by Lisa Lifshitz, a Gowlings partner. Lisa regards this case as "troubling," whereas I found it no big deal. Also, Lisa proposes that one use the formula "incorporated herein and made part hereof," whereas in <em>MSCD</em> and the above post I recommend you steer clear of using in a contract the phrase <em>incorporate by reference</em>. The May/June 2007 issue of Business Law Today contains, in Keeping Current: Contracts, a discussion of the Affinity Internet case by Lisa Lifshitz, a Gowlings partner. Lisa regards this case as “troubling,” whereas I found it no big deal. Also, Lisa proposes that one use the formula “incorporated herein and made part hereof,” whereas in MSCD and the above post I recommend you steer clear of using in a contract the phrase incorporate by reference.

]]> By: Ken Adams http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/comment-page-1/#comment-3008 Ken Adams Mon, 26 Mar 2007 18:50:02 +0000 http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/#comment-3008 Lisa: A company should include a link in a contract only if it's prepared to be vigilant in combatting <a href="http://en.wikipedia.org/wiki/Link_rot" rel="nofollow">link rot</a>. Ken Lisa: A company should include a link in a contract only if it’s prepared to be vigilant in combatting link rot. Ken

]]> By: Lisa http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/comment-page-1/#comment-3006 Lisa Mon, 26 Mar 2007 18:17:07 +0000 http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/#comment-3006 What if the cited link no longer works? Internet links often become dead, therefore I do not believe they are reliable to cite. “The SkyNetWEB user agreement located at http://www.skynetweb.com/ company/legal/legal.php constitutes part of this agreement.” What if the cited link no longer works? Internet links often become dead, therefore I do not believe they are reliable to cite.

“The SkyNetWEB user agreement located at http://www.skynetweb.com/
company/legal/legal.php constitutes part of this agreement.”

]]> By: mike http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/comment-page-1/#comment-2874 mike Wed, 14 Mar 2007 12:52:00 +0000 http://www.adamsdrafting.com/2007/03/14/making-an-ancillary-document-part-of-a-contract/#comment-2874 You might find this 7th circuit opinion interesting: http://pub.bna.com/eclr/053743.pdf It deals with UPS' click-wrap agreement which incorporated a separate "Terms and Conditions of Service". The court mostly bypasses the issue and enforces a provision that said that UPS is not liable for shipping things in excess of $50k--the guy shipped a $105k piece of jewelry. You might find this 7th circuit opinion interesting: http://pub.bna.com/eclr/053743.pdf

It deals with UPS’ click-wrap agreement which incorporated a separate “Terms and Conditions of Service”. The court mostly bypasses the issue and enforces a provision that said that UPS is not liable for shipping things in excess of $50k–the guy shipped a $105k piece of jewelry.

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