Contract interpretation: the contra proferentem rule
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
Headings are for convenience only
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
“Material” is a vague term
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
Clarify singular or plural? Use the singular if possible!
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
Notwithstanding is a tricky one
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
From time to time: when do you use it?
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?
Group conditions clearly, subject-by-subject
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
Use Plain English in contracts
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
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
