Knowledge Management

At Cassels Brock we have devoted considerable resources to training our lawyers in essential areas such as legal drafting. The section contains materials prepared by our Knowledge Management team, including a section devoted to legal drafting tips, principally for use by our lawyers, and which may be useful to your in-house legal department.

LEGAL DRAFTING TIPSARTICLESKM HUB
Legal Drafting Tip: Equitable Remedies
September 8, 2016
An equitable remedies clause will only be effective if monetary damages are unlikely to be available, are incalculable, or are an insufficient remedy. If properly drafted, this clause will help to persuade the court to grant an equitable remedy.

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Legal Drafting Tip: Notice
June 1, 2016
The Notice provision tells parties how they can deliver effective notice to the other parties under the agreement but many pay little attention this boilerplate provision. We recommend you take the time to consider these important points.

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Legal Drafting Tip: Waiver
March 15, 2016
By Tilly Gray
It is an established legal principle that a waiver of rights may be express or implied, and that the delay or failure to assert a right may be deemed to be a waiver of that right. Accordingly, the purpose of a waiver clause is to clarify what would constitute an intentional waiver of a contractual right.

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Legal Drafting Tip: Update re “Entire Agreement” Provision (Revised)
February 8, 2016
By Tilly Gray
An update to our drafting tip from March 24, 2015, on the "entire agreement" provision.

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Legal Drafting Tip: Governing law
September 21, 2015
By Tilly Gray
A governing law clause specifies that the laws of a particular jurisdiction will govern the interpretation, construction, and enforcement of the terms of the contract.

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Legal Drafting Tip: Payment of Costs and Expenses
July 30, 2015
By Tilly Gray
This clause is intended to confirm who pays the costs and expenses[1] that parties incur in connection with an agreement.  

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