Yes, it would be nice to work in a world where everything was standardised and obviously there are attempts in certain areas to standardise documentation to allow quicker negotiations and deal flow (ISDA documentation for example).
However, there will always be contracts which demand a greater degree of specificity due to the unusual surrounding circumstances, and certain resulting clauses could be considered to be novel.
Of course, if no one drafted novel clauses, there wouldn't be any work for the litigation lawyers when there's a disagreement over the clause's ambiguity!
However, there will always be contracts which demand a greater degree of specificity due to the unusual surrounding circumstances, and certain resulting clauses could be considered to be novel.
Of course, if no one drafted novel clauses, there wouldn't be any work for the litigation lawyers when there's a disagreement over the clause's ambiguity!