From the monthly archives:

October 2008

Warranties versus representations – a brief overview

October 22, 2008

In developing contract formbooks, I’m running into situations where several different clauses should have essentially the same commentary. Instead of repeating the commentary (which slows the download process for users), I’m starting to post the text of the commentary in separate Web pages. That way, I can provide just a linked page for users to [...]

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Warranties vs. conditional obligations: Lexical good sense bows to commercial reality

October 18, 2008

Ken Adams’s excellent Manual of Style for Contract Drafting, second edition, says that sales-contract drafters could ditch the ‘warranty’ clause. It suggests just having a repair-or-replace obligation that is triggered when the goods don’t measure up to the agreed specifications. (§ 12.438-12.440). Ken says “[t]his approach not only results in more concise prose, it allows you [...]

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