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Perspective

Jan. 28, 2012

Delaware court defers action on disputed contract terms

Lack of care in drafting contract provisions can be costly. By Robert S. Reder, David Schwartz and Nehal Siddiqui of Milbank, Tweed, Hadley & McCloy LLP


By Robert S. Reder, David Schwartz and Nehal Siddiqui


All too often, it seems, courts are asked to resolve disputes over the meaning of contract terms that lawyers and dealmakers may have taken for granted. A lack of care and consistency in the drafting of provisions that might be considered by some to be "boilerplate" can result in expensive, time-consuming litigation and, on occasion, unintended consequences. One recent example is the Delaware Court ...

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