What if

Oh, the fertile, febrile mind of a transactional lawyer.

Part of the paranoid delight of transactional drafting is catering for unforeseen contingencies. To do this, the draftsperson has many tools at her disposal: force majeure clauses, indemnities, termination rights, and a propensity to draft ornate, byzantine valuation dispute clauses.

But there remains in all of these a guiding principle: one should determinatively address contingencies now that may not predictably be resolved at the time they arise. For those contingencies, one has a simpler approach: amendment.

See also

• Force majeure
• Chicken Licken
• Indemnity
• The farmer and his sheep