Charles A. Borek, JD, MBA, CPA
Designed to provide the Maryland lawyer with a specific legal foundation to use and analyze typical contract language and boilerplate provisions, attorneys across the state will want to keep the volume within reach. This book provides a repository of guidance regarding contract architecture and the substantive implications of specific contract provisions, and follows the format of a typical contract (from identification of the parties to “back of the document” boilerplate), thus serving as an instructional manual and a one-stop drafting and review companion for any type of contract.
In the second edition, each chapter has been reconstructed to include detailed drafting tips, case law, and information. The book also contains expanded coverage of fee-shifting provisions and operative language, as well as the inclusion of a number of judicial opinions issued since the last edition. Of significance is the content regarding precision ambiguity and vagueness (chapter one); marital agreements (chapter two); Maryland law regarding recitals and using recitals for operative provisions (chapter three); the importance of definitions, particularly course of dealing and fair market value provisions (chapter four); the effect of Maryland statutes on representation (chapter five); payments of money provisions, and modifying language and the use of “hereunder” (chapter six); remedies in general, and damages provisions (chapter eight); governing law, and choice of law provisions (chapter nine); and electronic signatures (chapter 10). Multiple changes to the Annotated Code of Maryland are also referenced.
- Chapter 1: Basic Contract Architecture, Elements, and Drafting Style
- Chapter 2: Initial Matters
- Chapter 3: Recitals
- Chapter 4: Definitions
- Chapter 5: Representations and Warranties
- Chapter 6: Operative Language
- Chapter 7: Covenants and Conditions
- Chapter 8: Remedies
- Chapter 9: Dispute Resolution
- Chapter 10: Back of the Document
Click to view detailed Table of Contents.
The publication includes a CD with selected sample contract provisions included in the publication. There is also a checklist for drafting and reviewing contracts, an extensive bibliography organized by contract type to ease substantive research when drafting or reviewing documents, a user-friendly index designed to assist the user in quickly locating information related to specific drafting issues, and tables of cases and authorities.
Inventory # P-5155-15
MSBA Member Price - $169.00
Non-MSBA Member Price - $211.25
Pub date: 2015
Pages: xxxii, 638