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.
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