States’ Contractual Boilerplate: Same Provisions, Different Results?
When it comes to the so-called “boilerplate,” how much does the selection of one state over another matter?
Inside Counsel has posted a discussion of the boilerplate terms used in contracts in California, Delaware, Illinois and New York, explaining the manner in which provisions may be handled differently by courts.
The article addresses the fundamental issue of how the parties’ contract will be interpreted and to what extent courts can go beyond the words of the parties’ written agreement to give effect to their intentions.
Steven D. Atlee, a partner in Winston & Strawn’s Complex Commercial Litigation practice, wrote the article.