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Debunking The Efficacy Of Standard Contract Boilerplate: Part V, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part V, David Spratt
Articles in Law Reviews & Other Academic Journals
After five installments, we can end our discussion of contract boilerplate. We have slashed the outdated language and emerged as a clear and contemporary legal writer. Be willing to adapt what has worked well in the past because change is the foundation of human ingenuity.
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iv, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iv, David Spratt
Articles in Law Reviews & Other Academic Journals
We have belabored the archaic and prohibited use of "said" as a synonym for "the." But this paragraph needs more work. First, the phrase "irrespective of the fact that" is wordy and could be replaced with the plain language alternative of "even though." Second, "one or more of the parties now is, or may become, a resident of a different state" also could be streamlined. The phrase is easy enough to understand but cut to the chase. Replacing this phrase with "either party now or later resides in a different state" does the trick.
Say The Magic Word: A Rhetorical Analysis Of Contract Drafting Choices, Lori D. Johnson
Say The Magic Word: A Rhetorical Analysis Of Contract Drafting Choices, Lori D. Johnson
Scholarly Works
Drafters of complex contracts often face a thorny dilemma – determining whether to retain “magic words” included in form documents, especially when considering the advice of current contract style scholars advocating for the removal of all traditional contract prose. But the drafter need not remove all terms that serve as elegant shorthand for more convoluted legal concepts, particularly where the inclusion of the term advances client interests. The application of rhetorical criticism – the analysis of methods of communicating ideas – to drafters’ use of the term “time is of the essence” sheds light on the dominant motivations of drafters …
Effective Contract Drafting: Indentifying The Building Blocks Of Contracts, Lori D. Johnson
Effective Contract Drafting: Indentifying The Building Blocks Of Contracts, Lori D. Johnson
Scholarly Works
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