Month: December 2011

Book Review: “A-Z Guide to Boilerplate and Commercial Clauses”

To count as an authority these days, I think you need two things: First, a substantial body of work. And second, a megaphone. If you can’t be bothered to take part in the general hubbub, how are we meant to hear what you have to say? And why should we care? Using those criteria, I think of Mark Anderson as England’s foremost … Read More

If You Want Exclusive Jurisdiction, You’d Better Make That Clear

[Updated 6 September 2022 to reflects the recommendation in Jurisdiction Provisions, Part 1: Stop Using Consent-to-Jurisdiction Provisions! (24 Aug. 2019).] Jurisdiction provisions (also known as forum-selection provisions) are a fruitful source of dispute. Check out this May 2011 post, as well as this post and this post on AdamsDrafting. [And the more recent posts include Part 2, Part 3, and … Read More

An Amusing Instance of Confusion

The following case caught my eye: Conrail v. Grand Trunk W. R.R. Co., 2011 U.S. Dist. LEXIS 137910 (D. Mich. Dec. 1, 2011). And not because it has anything significant to say about a given usage, but instead because of the pretty fundamental nature of the confusion on display, namely confusion over the meaning of the phrase “Trenton Steel Warehouse.” … Read More

Adding Document-Design Bling to Contracts?

I noted in my previous post (here) that of the Australian contracts that I’ve been reviewing, some include a conspicuous law-firm logo. But I also noticed that a  majority contain one or more of the following document-design embellishments: varying point sizes use of a serif typeface for body text and a sans-serif typeface for headings use of colored headings use … Read More