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.

The previous edition's ISBN is 9781663322890.

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