I look to caselaw mostly for guidance on how not to draft; in other words, what usages are confusing. I don't look to caselaw to tell me how to draft, as courts trying to make sense of confusing contract language have little to offer regarding how to draft clearly. That applies to "time of the essence"; see MSCD or this ancient blog post: www.adamsdrafting.com/time-is-of-the-essence/.
My training is: - Parties "shall" (as in duty to do something) - Representations are facts of past/current condition - Warrants are facts of future condition
Hi. What your training happens to be is less relevant than what analysis suggests. In my law review article on "represents and warrants," I explain that the timeframe rationale you mention doesn't make sense.
Dang, I’m two years late to this party but have to say I always love listening to the man, the myth, the legend-Adams.
It’s an evergreen party! Glad you found us.
What should we write in the place of thereof to reduce ambiguity??
Excelent video!
In Texas, "time is of the essence" has case law that it negates "reasonable" time frames and mandates strict compliance with contract deadlines.
I look to caselaw mostly for guidance on how not to draft; in other words, what usages are confusing. I don't look to caselaw to tell me how to draft, as courts trying to make sense of confusing contract language have little to offer regarding how to draft clearly. That applies to "time of the essence"; see MSCD or this ancient blog post: www.adamsdrafting.com/time-is-of-the-essence/.
My training is:
- Parties "shall" (as in duty to do something)
- Representations are facts of past/current condition
- Warrants are facts of future condition
Hi. What your training happens to be is less relevant than what analysis suggests. In my law review article on "represents and warrants," I explain that the timeframe rationale you mention doesn't make sense.
Excellent
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4 my reference
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Andy Dick teaches contracts?