“Material” is a vague term
Another vague term is the word material. It is typically used to distinguish from immaterial things: even though there is often a grey area as
Another vague term is the word material. It is typically used to distinguish from immaterial things: even though there is often a grey area as
If you are aware that, when referring to a date or time, it may be necessary specify the time zone is desirable you will likely
Similar to my previous post, large agreements sometimes include a statement that the obligations referring to a gender are not intended to exclude the other
Many (often larger) agreements contain phrases that address the interpretation of the agreement. One of those phrases says that where the agreement is stated in
Using notwithstanding in contracts is a tricky word: many people don’t know how to use it exactly, and for those who do, it is a
It’s such a familiar phrase, from time to time, but do you know when to use it? And do you know when it is unnecessary?
… also called Drop dead date: the last day on which all conditions should be fulfilled. Best practice rule 11 – this blog post –
n my series of best practice rules on drafting conditions, best practice rules 5, 6 and 7 relate to drafting in a strict sense. I
The better alternative of the warranty qualifier “to the best of Seller’s knowledge…” is the phrase “to Seller’s knowledge“. In this blog, I will discuss
A condition sometimes enables one party a relatively great discretionary freedom to decide whether or not it is satisfied. If such liberty essentially means that
