In the previous weblog (click here), I addressed the main actions of a contract drafter. In this blog, I will explain what those actions entail.

WHEREAS part one of my two blogs on recitals (also called preamble, background or considerations) addressed the contents of this part of a contract, this

Most contracts contain, following the title and parties block but before the body text, a group of paragraphs known as the preamble, recitals or whereas

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

Many M&A-agreements address the seller’s or acquired companies’ behaviour during certain periods of time. The transaction agreement either permits certain acts because they are in

The qualification as breach of contract should be preceded by (or happen concurrently with) the default of a party. Whether a party is in default

Often, a contract will replace a preceding contract, a letter of intent or a mere exchange of e-mails in which the basics of a possible