This article discusses how the word material—that favorite of deal lawyers—is ambiguous, and it suggests ways of addressing this problem. This is a topic that I’ve previously danced around, but to my knowledge no one else is aware that it’s an issue.
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.