Template agreements: edit with care

In 1999 I asked 35 lawyers to name the biggest pitfall in contract drafting. The most common answer was the unthinking use of templates and previous documents, not adapted to the deal. Or, as one lawyer put it, “Slavish following of precedents, inability to...

How to write contracts

A poorly-drafted contract gave rise to arguments that shouldn’t have been available. Its defects included: An incoherent scheme of overlapping triggers for undoing the sale of development land, if planning and highways conditions were not met. A clause beginning...
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