It sounded like the typical boilerplate of a prospect who had just struck it rich with his first major league contract. The first thing I plan to do with the money is buy my mom a new house," said Joel Torres, a 21-year-old outfielder who opened spring training with the Cleveland Indians' Double-A affiliate, in a statement last week.
... that the subrogation clause in the contract between the two parties abrogated Connecticut'.... Under Connecticut law, boilerplate subrogation clauses incorporate default common ...
Deciding between arbitration and litigation as the favored dispute resolution process for disputes arising out of construction projects has never been more important because of recent changes in the standard construction contracts published by the American Institute of Architects (AIA). In early November 2007, the AIA released the latest revision to its most widely used standard contract document, AIA A201, "General Conditions of the Contract for Construction." Under the new version of A201, the parties must elect to use arbitration by checking the arbitration box. If they don't, they will be opting, by default, for litigation. The advantages of arbitration are: 1. greater efficiency, 2. less cost, 3. limited appeals, and 4. selection of an expert decision maker to decide the dispute. I...
...." Under the 1997 version of A201, boilerplate provisions mandated that when disputes arise, the ...
Introduction. A. Contra Proferentem. B. Reasonable Expectations. C. Facing Complexity. II. Consumer Misperception. A. Mistakes. B. Some implications. C. Why Mistakes Persist: Misperception and Missing Perception. D. Insurers as Poor Educators. III. Rewarding Plain Language. A. Testing the Language. B. The defense applied to Contra Proferentem. C. The Defense Applied to Reasonable Expectations. D. Ambiguity and Complexity. IV. Enjoying Plain Language. A. Benefitting from Plain Language. B. Some Objections to the Defense. 1. Necessity. 2. Giving an “A” for Effort. 3. Structural Ambiguity. 4. Overt Judicial Regulation. V. Conclusion. Appendix: Other Educational Sources.
... policy language—understood what the contract promised—they would better understand the produc... giving consumers greater access to boilerplate contract language. 134 Efforts such as making the...
... the arbitration provision as a boilerplate contract of adhesion to circumvent the provision o...
... of Six Alternatives, Including Contract and Due Diligence Considerations . In the current ... and much of what would be considered "boilerplate" clauses in any real estate contract. There are a ...
A couple of new Supreme Court cases, one from Washington and one from Oregon, provide another reminder of the importance that construction and design contracts be drafted carefully. In a case involving arbitration of a claim under securities laws, the Washington Supreme Court reversed a decision that the claim was time-barred by the state statute of limitations. The court held that because the language of the statute referred only to "actions" and not specifically to arbitration proceedings, the statute of limitations did not apply automatically to claims that parties had agreed by contract to refer to arbitration.
... time and effort, particularly in the boilerplate provisions. These two cases are good reminders tha...
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