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: Indiana Civil & Business LawyerContract Drafting - A Look at Best Efforts
If you want to see the complexity of drafting contracts, read Adams' article. For those wanting to understand why lawyers are useful for drafting their contracts:
But whereas some lawyers regard reasonable efforts as a misinterpretation-proof replacement for best efforts, others regard both terms as two points on a spectrum of efforts that a party might be required to expend, ranging from the relatively modest to the extraordinary, the latter being represented by best efforts. This interpretation is facilitated by colloquial use of reasonable to mean ?not extreme,? as in She got a reasonable grade on her French test.What difference does this make? Money is my short answer. The difference lies between a contract successfully carrying out the intent of its parties and an unsuccessful one.
I think the problem is that people approach it as an issue to be resolved by case law, whereas I see it first of all as a matter of semantics. What does best efforts mean in general usage? And what are the implications of seeking to have it mean something other than that?
Full post as published by Indiana Civil & Business Lawyer on February 01, 2008 (boomark / email).
Uniform Commercial Code and Contracts
Interstate commercial transactions and sale of goods in the United States
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General Contract Law Principles
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Steps Law Firms Can Take to Manage the Contract-Drafting Process
The Dark-Blue Book: A Manual of Style for Contract Drafting, by Kenneth A. Adams
Some Recently Published Books on Contract Drafting
New published works on contract drafting and effective demand letters









