My New Article “Reconsidering the Recital of Consideration”

The New York Law Journal has just published my article Reconsidering the Recital of Consideration. You won’t be surprised to hear that after reconsidering it, I remain of the view that recitals of consideration should be terminated with extreme prejudice. Go here for a PDF version; go here for the online version, although at some point it might end up behind a paywall.

This is hardly the first time I’ve written about recitals of consideration. In addition to what’s in MSCD, there’s this 2003 article and perhaps a dozen blog posts. What prompted me to revisit the topic yet again was this 2013 post on ContractsProf blog: it made me realize that my analysis was lacking.

This reflects my general approach: I write about a topic, then I continue gnawing at it over the years, and with luck what I have to say about it gradually makes better sense.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.