When drafting a particular type of contract, it is common to review sample contract forms and use them as a template. Such sample forms can be helpful in assisting the drafter with the proper style, format and language of a contract. Drafter’s Tip Although each…
A demand letter, or a letter before action or a pre-action letter as it is called in the UK, is a formal notice demanding that the recipient perform a legal obligation. It is typically used to persuade the recipient to take or cease some action,…
The consent to jurisdiction and forum selection clause in a contract sets forth the location where any disputes relating to the agreement will be resolved. This can be a rather important clause, particularly when parties to a contract reside in or do business in two…
When drafting a contract on behalf of a client, it is vitally important to engage in multiple “what-if” scenarios. A good contract will anticipate as many future “problems” as possible and express the parties’ understanding in the event such situations arise. Speaking with your client…
Certain types of provisions in a contract may be legally questionable or unenforceable, depending on how they are presented in the context of the contract. In some jurisdictions, for example, non-competition clauses may be unenforceable unless they are supported by certain statutory consideration. Even more…
When drafting contracts, it is extremely important to pay attention to all grammatical aspects of the document, particular the placement of punctuation marks. Although, at first glance, this would appear to be a minor detail, incorrect usage of punctuation marks can change the entire meaning…
The Drafter regularly provides useful tips and advice with regard to document drafting. Here, in Drafting Practitioner, you have the opportunity to practice your drafting skills. Model answers are provided. EMPLOYMENT AGREEMENT Issues to be considered XX is to be employed for an unlimited period…
Upon receiving an initial draft of a contract, many practitioners are requested to amend certain provisions and make changes to the document. The ultimate goal of any re-drafting attempt should be a clearer, more concise document which leaves little (or ideally, no) room for interpretation….
Regular readers of this blog are well aware of our penchant for abolishing archaic language and promoting simple, modern turns of phrase, i.e. plain English (Legal English Dictionary). In the past we have discouraged the use of whereas at the beginning of a contract and…
In Legal English, there are a number of different terms which signify the ending or closing of a contract. Although all of these terms indicate that the previous deal between parties has come to an end, there are subtle differences between the meanings of the…