Marc Rasich and Corey Day Outline Items to Include in Distillery Industry Contracts

Litigation attorneys Marc Rasich and Corey Day co-authored an article for Artisan Spirit Magazine titled “Auditing Your Obligations: A Contract Law Primer,” published Spring 2020. The article discusses contractual terms distilleries, distributors — or any business — should consider for inclusion in a written agreement.

The authors outline several clauses that can be included to reduce ambiguity in a contract, covering such areas as:

• How, when and under what conditions a party can end an agreement.
• “Choice of Law/Forum” — which laws govern in contract disputes if parties reside in different states.
• Limitations on assigning an agreement to a third party.
• Limiting the scope of the agreement to the signed document — in particular for negotiated agreements.

Rasich and Day point out the importance of a written agreement in avoiding disputes: “A handshake deal can — with certain exceptions — be binding. The issue with unwritten deals is that when they do not go as planned, enforcing the deal can get expensive very quickly.”