Comments on: “Representations and Warranties”—Once More, With Feeling http://www.adamsdrafting.com/2009/09/18/rs-and-ws-once-more-with-feeling/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: NYC Birthday http://www.adamsdrafting.com/2009/09/18/rs-and-ws-once-more-with-feeling/comment-page-1/#comment-96573 NYC Birthday Tue, 18 Oct 2011 22:05:05 +0000 http://www.adamsdrafting.com/?p=1434#comment-96573 Amen! We were actually just discussing how easily people mix these up, as well as "conditions", when drafting a variety of contracts. It is very easy to get distracted and make mistakes with these terms, when the focus should be on the plain meaning of words. Most laypeople don't know the difference between these terms, and it just confuses them in their contracts. Amen! We were actually just discussing how easily people mix these up, as well as "conditions", when drafting a variety of contracts. It is very easy to get distracted and make mistakes with these terms, when the focus should be on the plain meaning of words. Most laypeople don't know the difference between these terms, and it just confuses them in their contracts.

]]> By: An acceptable EULA? – Spyfoos' Speculations http://www.adamsdrafting.com/2009/09/18/rs-and-ws-once-more-with-feeling/comment-page-1/#comment-95442 An acceptable EULA? – Spyfoos' Speculations Fri, 04 Jun 2010 19:52:39 +0000 http://www.adamsdrafting.com/?p=1434#comment-95442 [...] is needless legalese and part of the reason why people hate lawyers. If you don’t agree read this – then go change [...] [...] is needless legalese and part of the reason why people hate lawyers. If you don’t agree read this – then go change [...]

]]> By: Donald http://www.adamsdrafting.com/2009/09/18/rs-and-ws-once-more-with-feeling/comment-page-1/#comment-93013 Donald Wed, 30 Sep 2009 22:05:42 +0000 http://www.adamsdrafting.com/?p=1434#comment-93013 "That’s not the way people speak and write, and thank goodness—it would be akin to speaking in code" More fool these people, surely? Your argument that case law / UCC do not support this is ostensibly a strong one, and because IANAL and because I have not studied such codes and cases I will take your word for that, and thus accept your conclusion. But to say that this is not the way people talk seems to me suspect. A good number of people I know -- some of whom I respect deeply, some of whom are politicians and scum of the earth -- strive to be most particular about their speech when it is important to be so, whether it is in choice of modal verb, in this matter, or in contemplating what the meaning of "is" is. “That’s not the way people speak and write, and thank goodness—it would be akin to speaking in code”

More fool these people, surely? Your argument that case law / UCC do not support this is ostensibly a strong one, and because IANAL and because I have not studied such codes and cases I will take your word for that, and thus accept your conclusion.

But to say that this is not the way people talk seems to me suspect. A good number of people I know — some of whom I respect deeply, some of whom are politicians and scum of the earth — strive to be most particular about their speech when it is important to be so, whether it is in choice of modal verb, in this matter, or in contemplating what the meaning of “is” is.

]]> By: AdamsDrafting » Blog Archive » “Representations and Warranties”—Glenn West Wades In http://www.adamsdrafting.com/2009/09/18/rs-and-ws-once-more-with-feeling/comment-page-1/#comment-92980 AdamsDrafting » Blog Archive » “Representations and Warranties”—Glenn West Wades In Fri, 25 Sep 2009 13:40:18 +0000 http://www.adamsdrafting.com/?p=1434#comment-92980 [...] on this September 18 post and this September 20 post, the saga continues: Glenn West, partner at Weil Gotshal and author of [...] [...] on this September 18 post and this September 20 post, the saga continues: Glenn West, partner at Weil Gotshal and author of [...]

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