On Contracts

Not including a sunset for contractual rights and obligations can lead to litigation.

I started this post late last month but was diverted to other matters.

I was just asked to sign up for a health-care provider’s online portal in anticipation of an appointment next week.

Attorney fees can be recovered when sued in a court foreclosed by a forum-selection clause: Delaware chancery court For a readable, scholarly discussion of this point, see Namdar v.

Incorporating by reference?

Ambiguity: Pay $680K each of 16 months, or in total?

From Wohlt v.

As a quick example for my contract-drafting simulation course, I’ve broken up an excerpt from a recent update to Apple’s iCloud terms of service.

British lawyers sometimes use the term “for the avoidance of doubt” or “for clarity.”

See this 2016 post, which I’ve updated to reflect my current usage of “barf clause” as pithier than “wall of words.”