Special Report of the TriBar Opinion Committee: The Remedies Opinion-Deciding When to Include Exceptions and Assumptions

摘要

In the 1998 TriBar Report, the Committee observed that "at its best, the opinion preparation process can serve to clarify and improve transactions." In this Report, the Committee has described an approach for preparing the remedies opinion and determining when an express exception or assumption should be included, and has applied that approach to several common contractual provisions. The Committee believes that this approach, if broadly followed, will improve the opinion process and enhance the usefulness of the remedies opinion.