- March 18, 2022
“Can” and “may” in contracts: is there a difference?
Blog post, Permissive language in contracts: can, may, or is entitled to?, which I wrote for ClarifyNow, discusses the meaning and use of “can” and “may” in contract drafting and in everyday language. I find that there is a clear difference in tone and an arguable difference in meaning. Although “may” is still dominant in … Continue reading “Can” and “may” in contracts: is there a difference? →
- February 24, 2021
Lessons from 2020 for contract drafting and management
As usual around this time of year, the Practical Law Commercial team have been looking back and asking ourselves what has changed in contract law and drafting? Specifically, what developments in 2020 affect commercial lawyers as they manage existing contracts or draft new ones? We agreed that 2020 was full of changes in practice, even … Continue reading Lessons from 2020 for contract drafting and management →
- October 2, 2018
Do I really need that boilerplate clause? Why?
When the business calls for shorter and more user-friendly contracts, how many lawyers think “I’ve always used this clause” and “Who knows what may happen if I stop using it”? But, where there’s a business need to reduce contract terms, we need a good business reason to include each clause, not just fear of an … Continue reading Do I really need that boilerplate clause? Why? →
