Part III Drafting contracts and contract clauses

The heart of contract drafting is in the text of the agreement. That is what this Part III is about.

In chapter 6 we will give short shrift to what is often referred to as ´legalese´; words and phrases that may impress a first year lawyer but which are often misused. This chapter discusses various do´s and don’ts of contract drafting. Best practice rules are formulated for writing numbers, calendar dates and formulas.

Chapter 7 discusses what is usually placed in article 1 of an agreement: the definitions used in the subsequent articles as well as interpretation guidelines and standard terminology applicable in the context of that contract.

In chapter 8, best practice rules on drafting conditions are formulated. The chapter will further clarify aspects of covenants (in short, non-key obligations) and explain what warranties are and how to deal with them in various types of transactions also in connection with the related limitations of liability. The chapter (and this Part III) will end with an extensive paragraph discussing the various miscellaneous provisions that are typically inserted in the final sections of an agreement.