Never include operative clauses in conditions
In my series of best practice rules on drafting conditions, best practice rules 5, 6 and 7 relate to drafting in a strict sense. I
To Seller’s knowledge improved
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
Potestative conditions – cp’s of a highly subjective nature
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
Setting up a contract: main actions
In this weblog, I will discuss the main actions to be taken setting up a contract and deciding upon the main components in the contract
Did you ever see them, witnesses?
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
A company’s Contract Drafting Conventions
When a company or law firm upgrades its model contracts and contract clauses, it should do this consistently. This means that the legal department or
Part two on numbers in contracts
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,
This is not in English
It is not used very often, but every once in a while you might encounter it: a boilerplate on the contract language. Such miscellaneous provision
Drafting numbers in contracts (1st part)
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
