Subject clauses: a tricky subject Licensees are expected
Subject clauses: a tricky subject Licensees are expected to be able to draft legally enforceable contracts
Contracts that are inaccurate, confusing or unenforceable may lead to a claim Subject clauses are intended
to be a condition precedent to the parties respective obligations to complete the contract Entirely subjective subject
clauses depend entirely on the personal view of the individual who decides it Warning.this clause may not create a binding agreement
An example of a poorly worded clause: subject to purchasers review of all leases, contracts, plans and surveys and the state of title to the Lands, and any existing easement agreements, such review to be to the sole satisfaction of
the Purchaser. A clause that is clear, precise and objective is a true condition precedent
Example: subject to John Smith being elected as Mayor in the municipal election of January 20, 2018.
The most common subject clauses are partly subjective and partly objective Example: subject to the seller
obtaining third reading approval for rezoning to commercial use by May 1, 2014 When drafting subject clauses:
Provide objective criteria Use plain language If unsure, ask for advice For additional information on drafting subject clauses and
advising clients, review the Professional Standards Manual section Subject Clauses General Information Whenever possible, use the
standard subject clause wording provided in the Professional Standards Manual. Courts have ruled that there is an implied duty of
good faith in the performance of a contract. If your client does not want to remove a subject clause for reasons other than that
expressly stated in it, recommend they get legal advice. Put your advice in writing.
Good resources: - Your managing broker - Risk Report, May 2014 - Risk Report, December 2017 - Professional Standards Manual
Midterm evaluationof teaching. Get out a piece of paper. Keep it anonymous. What should Prof. Mitchell: Start doing -- new things that might work. ... Econ & social goals as well as security. Individual security and well-being (but state provides...
Changing Face of Global Risk. Misunderstanding is a fatal mistake. Magnitude. of risk is increasing. Complexity. of risk is going up. Scrutiny. of risk is on the rise . Risk Solutions. are 3 parts Opportunity and 1 part downside protection....
Building Capacity on Protected Areas Law & Governance . ... (UNCLOS) is the main global treaty dealing with the oceans and state responsibilities when using the oceans. It establishes a comprehensive legal framework for use and development of the world's...
MATLAB for Image Processing April 10th, 2015 * * * * Firstly, I will talk about some basics of MATLAB, including the development environment, basic operations and syntax of MATLAB language, so that we can have a big picture of...
Cavernous sinus thrombosis Infraorbital or periorbital cellulitis Retrograde spread of infection through ophthalmic veins to cavernous sinus Meningeal signs, altered LOC to coma Traumatic emergencies Dental crown fractures Ellis I - enamel only, painless White fracture surface Ellis II -...
Friendly. Letter What I think about the situation with the Japanese Americans Young Japanese American girl or boy Future generations of Americans Friendly Letter Why people should be judged on their merit, not their race, religion, or the way they...
Velocity vs Time Graphs slope = velocity d t slope = acceleration v area = distance t (Page 61 in Workbook) If the acceleration is negative, then the slope is negative (the line moves downward to the right).). If the...
Ready to download the document? Go ahead and hit continue!