Earlier this year I wrote this post about Ridacto, a new contract-analysis tool. When recently a reader asked me what had happened to Ridacto, I went to its website and found it vacant. Ridacto is no more. That doesn’t come as a surprise. It’s a safe bet that most new ventures in any field are more likely to fail than … Read More
My attention has been turning to the third edition of A Manual of Style for Contract Drafting, and I’d appreciate your input on a vital issue: What should I call it? The current title is fine, but it’s generic. And it’s not conducive to being shortened—MSCD leaves something to be desired as a moniker. The obvious thing to do would … Read More
Yeah, yeah, attorn has an established legal meaning, although I’ve never had occasion to use it. From Garner’s Dictionary of Legal Usage, here’s the definition of the related noun: attornment has two analogous senses, the first relating to personal property and the second relating to land. It may mean either (1) “an act by a bailee in possession of goods … Read More
I thought it time to hoist out of the comments a discussion of obligation versus duty. Here’s what reader AWB said in this comment: By the way, any time is a good time to reconsider your preference of “obligation” (ten letters, four syllables) over “duty” (four letters, two syllables). They’re equally Latinate, but “duty” is easier to chew and has … Read More
I received the following email from a new U.S.-trained lawyer working outside the U.S. Hi there, I’m a new lawyer starting my first real legal job as in-house counsel for a new legal department in a foreign company. Much of the work I’m doing involves taking over and reviewing a broad range of contracts for projects or deals already underway. Some of these … Read More
Over the past couple of days I’ve been dipping into the new book co-authored by Antonin Scalia and Bryan Garner, Reading Law: The Interpretation of Legal Texts. My interest is drafting contracts, not interpreting them. But to stay out of trouble when drafting contracts, it helps to have a decent grasp of how judges ascertain the meaning of contract language. So … Read More
Bryan Garner has an article on shall in the current issue of the ABA Journal (go here for the online version). It doesn’t say anything new, and I don’t need to add anything to what I said in this post from September 2011.
