It is important to regularly review your dispute resolution provision to ensure it still meets your needs.   What is a Dispute Resolution Provision? This provision exists solely to make resolving breaches of contract easier. They come in all shapes and sizes.   Choice of Law We discuss choice of law in another blog. You…

Loopholes are errors in contracts that allows one or more parties to exploit them to create an unintended consequence. Conversely, when you take advantage of the law, that is not a loophole. The difference requires a mistake in the drafting. You need an unintended consequence.   Examples of Loopholes I once reviewed a contract that…

If you have a service contract, you must have these clauses. Obviously, you include your price and service terms. These add extra protection to you. Additionally, all contracts need the essential elements of every contract.   What is a Service Contract? A service contract is a contract that deals with the exchange of the labor…

Updating contracts is important. It is an ongoing task your company should be sure to pay attention to. What is a Contract? A contract is a legal instrument where two or more people or entities agree to exchange something or service of value. You can find more on what a contract is here. Contracts have…

A Severability Clause is part of the boilerplate provisions you find in many contracts. It essentially asks the court interpreting the contract to ignore just the unenforceable portions of the contract. Absent this provision, a court may choose to throw out the entire contract if there are any issues. Simple Severability Clause If any provision…

Contracts often have unenforceable provisions in them. Therefore, parties are not bound by every provision in a contract. In our previous blog, we talked about what makes a contract. In this blog, we talk about what is excluded from a contract.   Court Interpretation When we say something is excluded from a contract or held…

A Merger Clause (AKA “integration” or “entire agreement” clause) is a boilerplate portions of many contracts. They define the scope of the interpretation of a contract. Therefore, they can be incredibly useful clauses for protecting yourself! Merger Clause Benefits The length of your document becomes the downside of these clauses. The more words, the more…

What is a Choice of Law Clause? Every now and then, this question comes up. Choice of law clauses are pretty common boilerplate clauses in contracts. These allow the contracting parties to specify which state’s laws are used if there’s a dispute. Choice of Law Example For example, if both parties are in North Carolina,…

Choice of Law clauses are often very important clauses in contracts. However, they’re not always that critical. Sometimes, especially in real estate or in-person consumer contracts, the law that is to be applied is chosen for you. For example, the purchase of a piece of real estate generally must be governed by the laws of…

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