Corbin on Contract Drafting
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Practitioners cannot draft an effective contract without a healthy respect for the daunting complexities of contract law, which are always changing. Most contract cases are won, lost, or best of all, avoided altogether before the document is even signed—in the drafting stage. More than a form book or a collection of generic clauses to be plugged into a contract, Corbin on Contract Drafting, explains why you need to draft in certain ways. It is a guide that delves into the messy, mystifying realm of real-world cases and presents solutions to common drafting mistakes.
There are any number of potential pitfalls awaiting the attorney drafting a contract; these traps for the unwary are explained in detail in Corbin on Contract Drafting.
- The danger of accidental contracting during preliminary negotiations
- Ensuring that a communication is not an "offer"
- Drafting for the “battle of the forms,” the most convoluted and perplexing subject in all of contract law
- The "duty to read" and drafting binding online contracts
- The potential contractual risks that a company takes in today's electronic and internet age
- Drafting force majeure clauses, which are narrowly construed and typically only excuse a party's performance if the force majeure event is identified specifically
- The perils of drafting exculpatory clauses too broadly
Importantly, each chapter presents a series of Cases Studies that examine significant cases that illustrate key aspects of contract drafting. In addition, dozens of Drafting Guidance examples appear throughout the book to highlight potential drafting pitfalls and provide the concrete steps that can be taken to avoid them.
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Table of contents
Chapter 1 How Courts Interpret and Construe Contracts
Chapter 2 Drafting Preliminary Agreements
Chapter 3 Making Offers
Chapter 4 Accepting Offers
Chapter 5 Drafting for the "Battle of The Forms"
Chapter 6 Drafting Online Contracts
Chapter 7 Drafting Common Features of Contracts
Chapter 8 Drafting Choice of Law Provisions
Chapter 9 Drafting Forum Selection Clauses
Chapter 10 Drafting Time for Performance
Chapter 11 Drafting Merger Clauses
Chapter 12 Drafting No Oral Modification Clauses
Chapter 13 Drafting Unilateral Modification Provisions
Chapter 14 Drafting Anti-Waiver Provisions
Chapter 15 Drafting Anti-Assignment Provisions
Chapter 16 Drafting Third Party Beneficiary Disclaimers
Chapter 17 Drafting Modifications of Limitations Periods
Chapter 18 Drafting Provisions That Allow Discretion
Chapter 19 Drafting Severability Clauses
Chapter 20 Drafting Survival Clauses
Chapter 21 Drafting Force Majeure Clauses
Chapter 22 Drafting Arbitration Agreements
Chapter 23 Drafting Exculpatory Clauses
Chapter 24 Drafting Restrictive Covenants
Chapter 25 Drafting Termination of Contract Provisions
Chapter 26 Drafting Remedies Provisions