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Boilerplate clauses are standard legal language drawn from the extensive legal experience of big firms or companies. Most contracts contain a series of boilerplate clauses which often appear under the heading “General” or “Miscellaneous”. These are often overlooked when drafting…

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Anyone who has studied common law principles in a legal context has heard of the concept of “consideration”. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange…

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As you are undoubtedly aware, legal English differs from “ordinary” English in numerous respects. Words and phrases which mean one thing in normal English usage can mean something entirely different in a legal context. One such example is the word…

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When drafting an agreement, it is usually preferable to begin the agreement by fully identifying the parties, followed by a shorthand reference for each party to be used in the remainder of the agreement. This License Agreement is between ABC…

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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…

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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…

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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…

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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…

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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…

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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…

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