Lawyers like to provide certainty on how a contract must be (and will be) interpreted. For them, several legislatures have provided guidelines for interpreting contracts
You have problably seen them before: the two or three words preceding a contract section, briefly highlighting the scope of that clause. These words are
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
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?
Part three in a series of best practice rules on drafting conditions is closely related to the second one posted earlier today (click here). The
Each contract drafter should write a contract with only a few main drafting principles in mind. Furthermore, a contract drafter who works in a multinational
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
This is the 2nd part of a series on drafting numbers, ranges, dates and times in contracts. For the first part click here. Subsequent editions,
