In a series of lessons, you will gain deep insight on how contracts, both government and commercial, are interpreted by boards and courts. The rules are not always the same for them! We will also spend some time discussing good contract drafting that will avoid interpretation disputes. Filled with both legal theory (for the legally inclined) and practical application for the practitioner, you will develop a deeper appreciation for contract formatting, drafting quality contracts, and avoiding disputes, ambiguities, and misunderstandings.
Tuesdays – 10:00-11:30am ET
May 23, 30, Jun 6, 13, 20, 27
May 30 – Say What You Mean; Mean What You Say
Contracts typically use acronyms, technical jargon, special terms of art, and phrases that are defined by industry trade and practice. The use of FOB versus INCOTERMS is just one example. Each of these can cause confusion in the communication process that leads up to contract formation. In addition to providing practical guidance and suggestions to avoid performance problems and disputes, this session will cover the concepts of ordinary meaning, reasonable person test, parol evidence rule, and ejusdem generis.