About the author
Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.
I share your distaste for attempted waivers of the implied duty of good faith. My favoured workaround, if possible, is to draft the affected subject matter out of the contract: ‘The Shipper is not required to salvage the goods, to determine whether the goods are salvageable, to determine the goods’ salvage value, if any, or to share with any person the benefit, if any, of salvage’.