Earlier this week I received the following message and photo from Karen Belair, of Union Pacific Railroad’s law department: I just wanted follow up and let you know what an indelible impression you left on our department since the Drafting Clearer Contracts seminar at Union Pacific last fall. If nothing else, you have made many of us stop and think … Read More
I thought that after my recent post on using states instead of represents and warrants (here) I’d feel at peace. But it was not to be. Instead, I felt a yearning, that something was missing. And I knew what I had to do. I set off on my quest, and in the Karakoram, on a ledge high on Gasherbrum IV, I … Read More
In this recent post I discussed my overuse of any. I’d now like to suggest one possible reason for overuse of any. Consider the following: a tax imposed by a government authority a tax imposed by any government authority I suspect that some drafters think that using any in the second example would ensure that the provision couldn’t be read … Read More
Someone steered me to this post on the California Corporate & Securities Law blog. It’s about a recent California case on the meaning of best efforts. The court held—shock horror probe!—that best efforts is subject to a reasonableness standard, leading my informant to suggest that the court agrees with my views on this subject. I’m delighted to receive tips of … Read More
