Drafting Contracts: Avoiding Costly MistakesMar 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
- 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.