Contract Drafting 101: A Checklist Derived from Recent Caselaw

State Bar of Texas In-House Counsel Course

17 Pages Posted: 7 Jul 2016

See all articles by Glenn D. West

Glenn D. West

Weil, Gotshal & Manges LLP; Texas Tech University School of Law; SMU Dedman School of Law

Date Written: August 10, 2016

Abstract

Law Schools are criticized for not making law students practice ready. This criticism is primarily directed at Law School's emphasis on the caselaw method as the principal means of educating law students, and that method's supposed limitations in developing transactional lawyering skills. Through a review of selected drafting issues that were outcome determinative in a series of recent cases, this paper argues that reading cases is critical to developing transactional drafting skills. The "how to" of drafting skills must be developed and maintained in the context of the "why" of the caselaw method.

Keywords: contracts, drafting, caselaw method

JEL Classification: I21, K10, K12, K40

Suggested Citation

West, Glenn D., Contract Drafting 101: A Checklist Derived from Recent Caselaw (August 10, 2016). State Bar of Texas In-House Counsel Course , Available at SSRN: https://ssrn.com/abstract=2805481

Glenn D. West (Contact Author)

Weil, Gotshal & Manges LLP ( email )

767 Fifth Avenue
New York, NY 10153
United States
214-746-7780 (Phone)
214-746-7777 (Fax)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

SMU Dedman School of Law ( email )

Dallas, TX
United States

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