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The Contract You Thought You Made: The Express Negligence Doctrine (Part 1) ( February 2003 )
You have negotiated a good deal with the "other side" and secured management approval to enter the deal. However, even though you may have included in meticulous detail various provisions that protect your company, there is the nagging issue of whether or not these clauses are enforceable under the laws of a particular jurisdiction. The drafter of any contract should pay close attention to the applicable or governing law that is agreed by the parties.
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