Drafting contracts

8 Particular types of clauses

Now that we have addressed contract drafting in terms of drafting technique and the usage of phrases, it is time to address certain types of clauses that are used very frequently. In this chapter, we will provide many best practice rules for conditions, conditional clauses and triggering events; for covenants adjacent to the key obligations; for drafting warranties and limitations of liability and for drafting confidentiality clauses. The chapter will end with a paragraph in which the most common ‘miscellaneous provisions’ and applicable law and dispute resolution clauses are discussed.