Successor statute

Interpretation and construction boilerplate anatomy™ →Go uptown Index: Click ᐅ to expand: Construction Boilerplate Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

A clause such as the following, from the IETA Master Agreement:

2.2(a) Reference to any law or statute includes any amendment to, consolidation, re- enactment or replacement of such law or statute.

This all seems harmless and practical enough, though the thing about successor statutes is that they change things — that is the very point of amending or replacing laws: if they are already working as intended legislatures tend not to change them. And if the landscape on which the contract was founded shifts, the economic imperatives of the contract themselves may move in a way that no longer fulfils the parties’ aspirations.

Muich of the time they won’t of course: there are many technical amendments, refreshes, embellishments and clarifications that will have no effect on the contract at all, and for these this boilerplate is effective (if hardly necessary). But setting the autopilot to carry on should the weather turn dicey is not always what you want.