Quintor
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Quintor has not written any posts yet.
I'm curious what you mean by enforced scope and modularity in a contract. As a lawyer (though one who rarely works with contracts), I agree that the nested series of if-then's is common, but I don't have a good sense of what you're suggesting as an alternative.
I'm similarly positioned to you, but have the opposite impression: I feel like I learned a lot from law school.
One possibility is that your "don't remember anything" is measuring something different than my "learned a lot." It's certainly true that I can't recall on command the three parts of X test that I haven't used since law school. Indeed, I most likely couldn't name all of the courses I took in law school!
But:
1. If I see a very brief overview of something I learned in law school, a lot of other information that I couldn't recall on cue will snap back into place.
2. When an issue that touches on something... (read more)
Thanks, that's an interesting idea, and not one I've seen before.
2 potential issues come to mind:
1. As you noted, a key goal is to reduce ambiguity as much as possible. An enforced scope provision opens up the possibility that a court will nullify another provision for being in the wrong place. This adds ambiguity to the contract, especially because at first there wouldn't be any court decisions on how they interpret enforced scope provisions. I'm not sure off hand how serious of a problem this would be--maybe the dividing line between covenants and representations is clear enough that no provision might be interpreted to create both, for example.
2. Unlike... (read more)