Prof. Meredith Miller very kindly posted an interview piece on the ContractsProf Blog this evening featuring yours truly. To those of you who found my little piece of the Interwebs via her post, welcome.
Everyone wants to tidy things up a bit when they’re expecting company — trouble is, I’ve been pretty busy and I haven’t had much time to post lately. So allow me to give you a quick tour of a few posts from the archives.
Battle of the forms primer. By far the most widely-read piece on the blog is Battle of the Forms Explained (Using a Few Short Words). In the piece I describe the common law approach to unsigned (and probably unread) form contract documents and the UCC’s solution to the problem. I hope to follow up with additional posts exploring various angles of the problem in future months.
Liquidated damages. In Liquidated Damages Can Be Your Friend, But Don’t Overreach, I describe some uses of liquidated damages provisions but caution against penalty clauses, which courts will refuse to enforce.
On the practical side. Contracting Triage, Habit #2: Give Important Contracts Special Attention, and Document Comparison Is an Essential Part of the Contracting Process all have a decidedly practical slant.
On the lighter side. South Park’s Kyle Learns the Dark Side of Online Terms links to a clip that explores the worst-case scenario of a company taking its online terms to an extreme. It’s one of the funniest things I’ve ever seen. This post links to recordings of Richard Dryfuss doing a dramatic reading of Apple’s terms of service.