Comments on: “In Particular” http://www.adamsdrafting.com/2010/01/11/in-particular/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: Gil http://www.adamsdrafting.com/2010/01/11/in-particular/comment-page-1/#comment-94660 Gil Wed, 13 Jan 2010 12:27:18 +0000 http://www.adamsdrafting.com/?p=2088#comment-94660 Ken, Just to continue from what you write about letting the provisions speak for themselves: In your first example, there would be no need for 'in particular' if 'confidential information' was defined - I'm assuming that it isn't. In your fifth example, there seems to be an asymmetry between the first sentence and the second one. 'Company' is not mentioned in the former but is in the latter. Ken, Just to continue from what you write about letting the provisions speak for themselves: In your first example, there would be no need for ‘in particular’ if ‘confidential information’ was defined – I’m assuming that it isn’t.

In your fifth example, there seems to be an asymmetry between the first sentence and the second one. ‘Company’ is not mentioned in the former but is in the latter.

]]> By: Anonymous http://www.adamsdrafting.com/2010/01/11/in-particular/comment-page-1/#comment-94651 Anonymous Tue, 12 Jan 2010 14:24:30 +0000 http://www.adamsdrafting.com/?p=2088#comment-94651 I would use "in particular" if there is an identified risk and I don't want any doubt that the other party is knowingly assuming the risk, particularly if I think they're taking a flyer on it, e.g., your example "such counsel has carefully reviewed with it the terms and legal consequences of the Exchange and, in particular, the Tax consequences of the Exchange to such FREGAT Owner." Don't come back later and try to claim that the tax consequence was unforeseen and therefore the contract unenforceable for some reason. I would use “in particular” if there is an identified risk and I don’t want any doubt that the other party is knowingly assuming the risk, particularly if I think they’re taking a flyer on it, e.g., your example “such counsel has carefully reviewed with it the terms and legal consequences of the Exchange and, in particular, the Tax consequences of the Exchange to such FREGAT Owner.” Don’t come back later and try to claim that the tax consequence was unforeseen and therefore the contract unenforceable for some reason.

]]>