Don’t Over Look Boilerplate Clauses in Contracts
Refers to certain standard clauses that usually appear at the end of a contract. Unfortunately, boilerplate provisions are commonly overlooked in contract negotiations. These clauses establish essential rights & therefore warrant careful consideration both at the drafting stage and if faced with enforcing them in litigation.
Acts of God??
Choice of Law, Prevailing Party, Forum Selection, Force Majeure… and what are acts of God anyway??? “Boilerplate” refers to the standard clauses that typically appear at the end of a contract.
Boilerplate Clauses in Contracts Establish Essential Rights
These provisions are often pulled from templates and frequently overlooked by the parties – AND the attorneys tasked with drafting the agreements. However, these clauses establish essential rights for the parties and warrant careful consideration – especially on the front-end drafting stage of the agreement so you can avoid trying to enforce or fight these common clauses on the back end in litigation. Shannon will dissect key case law from around the country and provide practical tips & suggestions for drafting better boilerplate clauses in your contracts. To access the course please click here: Boilerplate Clauses: Impact and Considerations.
Boilerplate Clauses Analyzed:
* Choice of Law
* Arbitration
* Forum & Venue Selection
* Amendment & Modification
* Force Majeure
* Jury Waiver
* Prevailing Party
* Merger
* Survival
Shannon M. Bell – Trial Attorney
Shannon has years of trial experience in state and federal courts, including jury and bench trials, arbitrations, and evidentiary and procedural hearings. Shannon litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues, with a specialization in construction.
This CLE course is offered in the following states:
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California CLE
Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.