Drafting Contracts: Avoiding Costly Mistakes

Mar 2013 |

Lewis Carol, in Alice in Wonderland, had Humpty Dumpty say, "Words mean what I say they mean".

And yes - you too may use your definition section in your commercial agreements to define that a cat is a dog.  But 'may' is not 'should'.  Should you do this?  Probably not.

Special Counsel Brett Heath shares many of his insights and the costly mistakes made with regard to clauses, including:

  • Drafting more effective commercial documents: use of particular clauses:
  • Definition clauses
  • Interpretation clauses
  • "Boilerplate clauses"
  • Notice clauses
  • Assignment and novation clauses
  • Entire agreement clauses
  • No representation clauses
  • Costs
  • Arbitration and mediation clauses
  • Jurisdiction and proper law clauses
  • Restraint of trade clauses
  • Retention of title clauses
  • Indemnity and insurance clauses
  • Force Majeure

If you would like to request a hardcopy of Brett's paper, please contact us by clicking here.