Brief writers love to quote treatises and judicial opinions because they carry weight. In fact, brief writers who find a credible source stating a conclusion they like may quote a statement even if it isn’t backed by a rationale. If you are tempted to do this, think about it. Try to deduce the rationale that the source did not supply.

Suppose a contract requires the parties to make “reasonable efforts” to perform but does not define reasonable efforts. Because you contend the other party made no serious effort to perform, you want “reasonable efforts” to be a tough test and the other party’s nonperformance to constitute a breach.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]