Month: September 2015

“Hereby Enter Into”

Note use of hereby enter into in the following Pleistocene-era lead-in: NOW THEREFORE, the parties hereby enter into this Agreement to set forth their mutual promises and understandings, and mutually acknowledge the receipt and sufficiency of valuable consideration in addition to the mutual promises, conditions and understandings set forth below. And note the same in the following concluding clause: IN … Read More

“Within 30 Days Prior To”

Keith Bishop—he of the California Corporate & Securities Law blog—was kind enough to tell me about this post, dealing with a dispute over the meaning of the phrase “within 30 days prior to” in the context of the time period for exercising an option. The court opinion in question is Wilson v. Gentile, 8 Cal. App. 4th 759 (1992) (here). Here’s how the … Read More

Inside the Mind of the Law-School Traditionalist

I have a mixed relationship with the law-school world. On the one hand, an increasing number of instructors use MSCD as a course text. On the other hand, people from law schools are among the most ardent defenders of traditional contract language that I have encountered. So I was interested to see this post on ContractsProf Blog by Nancy Kim, … Read More