Masterclass: German Contracts in English
with Stuart G. Bugg
17-18 Juli 2015

What is the difference between “shall” and “will” in a contract? Of course, as always the answer in any specific case will always depend on the context and the intention of the parties. However, we should try to avoid the potential for misunderstandings and uncertainties.

A document that crossed over my desk recently related to a civil claim in the Commonwealth of Virginia. The “show cause summons” for a party to attend a hearing was dominated by a large warning stamped across the text in red. There clearly have been difficulties maintaining standards of dress and decorum in Virginian courts.

When is a strike really a strike? Is it an act of God? In the absence of a general “fault principle” in common law contracts we need to think about liability limitation for the results of strikes and similar events.