Dear Subscriber:
Thank you for choosing to keep your volume of
Drafting and Negotiating Massachusetts Contracts
current with this 2024 edition. Inside, you will find new material on topics including the following:
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Essential contract terms—meeting of the minds.
In chapter 2, find discussion of a 2023 Appeals Court case that contains a clear and comprehensive explanation of fundamental contract principles, while also highlighting typical modern factual circumstances involving email exchanges, counteroffers, acknowledgment and acceptance of changed terms, and modes of performance concerning the seller's breach of an "offer to purchase" mixed-use real estate.
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Representations and warranties.
See chapter 4 for guidance on how to draft a contract where prior representations or warranties were made in a contract negotiation, and how to draft a document where there are no representations or warranties.
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Escrow agreements.
Chapter 5 has updated example agreements in its exhibits.
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Noncompetition agreements.
A practice note in chapter 7 discusses the recent developments relative to the Federal Trade Commission (FTC)'s vote to approve a final rule banning noncompetes with all workers 120 days after publication in the Federal Register, and invalidating existing noncompetes with all workers except senior executives.
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Leasing.
Chapter 8 discusses the instances where a tenant may be unwittingly damaged by insufficient coverage in a lease. For example, where the landlord has liability for injuries sustained due to its negligence, courts, in a commercial context, do not imply an obligation on the part of the landlord to repair unless there is a specific covenant for the landlord to do so.
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Title 5 inspections.
See chapter 9 for discussion of the situation where a tenant may be unwittingly damaged by insufficient coverage in a lease. The landlord's burden to make disclosures in writing within a certain time is discussed.
We at MCLE hope you will find this updated publication useful in your daily practice and in your law library. Thank you for your continued support as we work to continue "raising the bar" for Massachusetts lawyers.
Cordially,
MCLE Press
