May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates
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Quote of the Day - Men keep agreements when it is to the advantage of neither to break them.
Boilerplate May Never Look The Same AgainYou 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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