Do all the terms in a contract matter?
There are several possible reasons why contracts are enforced. There is the idea of your word is your bond; contracts are necessary for commerce, and certainty is valued. There is a positive economic value to being able to, at least in some limited way, predict the future with contracts. That hasn’t always been the case and the change in the nature of commercial business has led to the idea that contracts are enforced even if the entity doesn’t think it’s a fair contract. This video reviews why contracts are enforced and what happens when it’s an unfair deal; and discusses boilerplate terms and provisions, as well as arbitration, severability and cooperation clauses.
Sean R. Smith
Continuum Legal Group LLP
- Attorney with Taylor English Duma LLP in Atlanta
- Represents companies and individuals in a multitude of different areas of litigation and alternative dispute resolution
- Tried multiple actions in state and federal courts in Georgia and surrounding states, including a representation of Time Inc., which was noted as one of the 15 significant defense verdicts in the country in 1996
- Represented numerous clients in appeals in both state and federal court
- Advises clients on an ongoing basis regarding various methods of avoiding litigation and making litigation more effective and efficient when it is necessary
- Briefed and argued appeals in numerous appellate courts, including the 11th Circuit, 6th Circuit, the Supreme Courts of Georgia and Montana, and the Court of Appeals of Georgia
- J.D. degree, University of Chicago; A.B. degree, on the law review and was a Hinton Moot Court Finalist, Harvard College
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