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Quote of the Day - Men keep agreements when it is to the advantage of neither to break them. - Solon
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Boilerplate May Never Look The Same Again

You would never think that boilerplate is difficult to draft. (See Fn. 1 below).  But, you would be wrong.  Here's an example of contract boilerplate from the thesis of the book:  "The laws of the State of New York, without giving effect to its choice of law principles, govern all matters with respect to this Agreement."     I don't know about you, but I have seen hundreds of agreements with provisions similar to that.  So what, you say?  So have you?  Well, the book answers that unasked question:  "Who would have thought that this provision failed to cover all matters?  Excluded are tort claims, such as fraudulent inducement."

If you don't want to make that mistake - and several hundred others identified in the 670-page book, throughout its twenty-three chapters, read and learn.  You'll never look at boilerplate the same way again.

Fn. 1.  Disclaimer here - the book in that last link is an American Lawyer Media book, the parent company of Law.com, and MIPTC is both an affiliate of the Law.com Blog Network and gets a commission if you buy it). 

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Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, August 16, 2005 at 00:45 Comments Closed (0) |
 
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