My Recent Legal Article Published in San Franciso Daily Journal and Los Angeles Daily Journal

By January 26th, 2015

Blog No. 53

January 26, 2015

Announcing

Legal Topic Article of Mack W. Borgen

Published in San Francisco Daily Journal and Los Angeles Daily Journal

By Mack W. Borgen.

University of California at Berkeley (Cum Laude, Economics); Harvard Law School

Author, The Relevance of Reason – The Hard Facts and Real Data About the State of Current America – Business and Politics (Vol. 1) (408 pp) (2013) and  – Society and Culture (Vol 2)(438 pp)(2013)

You are invited to read my recently published (January 20, 2015) legal topic article analyzing what are commonly referred to as “boilerplate provisions.” These types of provisions can have huge significance in the interpretation and enforcement of contracts, but they are frequently and dangerously dismissed by both clients and even their counsels.

Quick excerpt:

“Amidst the press of contract formation, boilerplate provisions often receive only glancing  attention from clients. Sometimes they are ignored entirely.

Even experienced attorneys deem them to be a matter of tedium and the subject of rote drafting — barely worth ink, let alone fine print.

Wholly apart from the “Click/I Agree” templates which have become a seemingly unavoidable part of modern commerce, boilerplate provisions are sometimes neglected even in the context of negotiated contracts — even though their terms may designate distant jurisdictions for dispute resolutions, mandate arbitration, waive the right to jury trials, bar class actions, limit the procedures for contract amendment, and on and on.”

 

Copyright 2015. Mack W. Borgen. All rights reserved. No part of this Article may be reproduced or transmitted, except in the case of brief quotations and with reference to this Article, without the prior written permission of the author.

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