Thank you
Thank you for joining us for Contract Drafting Errors That Cause Litigation.
Description
What types of contractual provisions get litigated most frequently? Which drafting errors appear most often in ambiguous contract cases?
8:55 Welcome and Introductions
9:00 How Courts Assess Ambiguity
This session explores:
• The court's 5 options in an ambiguous contract case
• 50 cases surveyed from 2021 state and federal court decisions, the survey says:
◦ The 3 most commonly litigated types of provisions in 2021
◦ The 3 drafting errors mostly likely to cause litigation
• 3 keys to eliminating contextual ambiguity
10:00 Break
10:10 Examples of Embarrassing Errors Good Lawyers Made With Definitions That Caused Litigation in 2021 Cases
Learn the basic rules for drafting definitions, when to use integrated verses autonomous definitions, when autonomous definitions are best and how definitions improve the text.
11:10 Break
11:20 Examples of the 5 Most Common Phrasing Patterns That Cause Litigation
Avoid phrasing pattern pitfalls. This session highlights:
• What does this word modify?
• What does this phrase modify?
• What is the foregoing?
• Which provision controls?
12:20 Adjourn