Limitations of liability – caps in operational contracts
When I work with law firms, I experience, more often than not, a surprising lack of insight in what is in important in their customer’s
When I work with law firms, I experience, more often than not, a surprising lack of insight in what is in important in their customer’s
In some contracts, in particular operational contracts (e.g., sales, purchase, services) a drafter sometimes includes a miscellaneous provision explicitly excluding the applicability of general terms
In a previous blog (click here), I wrote the following: …think analytically and draft, in McKinsey’s terminology, ‘MECE’ (mutually exclusive, collectively exhaustive) or, in French
The witnesses (“whereof”) that many drafters refer to in the signature block? They are a ludricous inheritance of Medieval Common Law culture. Get rid of
Many M&A agreements require that the contracts that the target company entered into are on an arm’s length basis. This is not only what a
No big deal. The title of a contract is a somewhat arbitrary part of your contracting practice. Giving a contract a title goes without saying.
I would like to address the word hereby in the category funny phrases. This is because many contract drafters use it all over an agreement,
This is the first of a (relatively long) series of blogs about drafting numbers in contracts. Should you write figures only or write a number
As I indicated in a previous blog (click here), one of the general principles of contract drafting is to use plain English. This implies that
This blog is about a simple writing principle: a sentence contains one subject, always with a verb. It is so simple that many contract drafters
