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Warning: Some Contractual Words May Actually Be Magic

USA - October 4 2022 Courts are fond of saying that there is no such thing as “magic words” in contracts. That may be, but according to a recent Delaware Court of…

Musings on the Exercise of “Sole Discretion”

USA - August 29 2022 When a contractual provision vests in a person the right to make a contractual determination, is the making of that determination bounded by an…

The Supposed Hierarchy of “Efforts” Clauses

USA - July 27 2022 Despite Yoda’s famous pronouncement in the original Star Wars movie that there was “no try,” only “do, or do not,” it is common in acquisition…

When Does “And” Mean “Or”?

USA - July 26 2022 When does the conjunction “and” actually have the disjunctive meaning of “or”? In terms of express meanings, the correct answer, apparently, is never…

The Supposed Hierarchy of “Efforts” Clauses

USA - July 13 2022 Despite Yoda’s famous pronouncement in the original Star Wars movie that there was “no try,” only “do, or do not,” it is common in acquisition…