I am trying to avoid liability issues this week with a few peaceful days in the Alps. But even after escaping the office, it is hard to switch off.
Next Nuernberg Seminar
Read MoreShall we or will we? Drafting duties and the future
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 summons for both brevity and precision
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.
Strike time!
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.
Eggs and Fools
It it good that the legal world seems to have a resilient sense of humour. Lawyers tend to take themselves far too seriously. However, they should be egged on from time to time. So, it was a relief to see an email from a law firm circulating on 1st April to the effect that the egg (including its design, shape, method of production, use and various applications) was about to be made subject to simultaneous worldwide patent applications and that the terms “egg” and “i-egg” were to be protected under IP laws. Egg producers worldwide were advised to get legal advice urgently- (on the development of square eggs?) It all sounds very bizarre and no doubt patent attorneys and IP experts will see the obvious legal obstacles, but it is at least food for (legal) thought! Have a Happy and Enjoyable Easter with family and friends...