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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 We have slashed the outdated language and emerged as a clear and contemporary legal writer.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.
Contracting For Process, David Snyder
Contracting For Process, David Snyder
Articles in Law Reviews & Other Academic Journals
This article introduces the concept of contracting for process and considers when it is likely to be the best contract design. Contracting for process is in widespread use, but it often goes unnoticed. Some characteristics of contracting for process suit it particularly well to situations of uncertainty, including the radical uncertainty that results from fundamental disruptions such as COVID-19. Parties can employ this design for both contracts made or renegotiated during a crisis and for contracts made in ordinary times. The concept articulated here, however, is not confined to contexts of uncertainty or complexity; it can be used to achieve …
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iii, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part Iii, David Spratt
Articles in Law Reviews & Other Academic Journals
There are several things wrong with this paragraph. First, the heading "Knowledge of Residence" is underinclusive, as the paragraph concerns more than where each party lives. A more inclusive and effective heading would be "Knowledge of Contact Information." Second, the introductory phrase is ambiguous, as one could read "for so long as the minor children are less than eighteen years of age" as requiring the parties to exchange information only until one of the parties' children turns 18. Moreover, "eighteen years of age" is archaic and clunky legalese. Keep it simple, solicitors: "eighteen" or "age eighteen" would suffice. Applying these …
Improve Recitals And Consideration Clauses With Plain Language, David Spratt
Improve Recitals And Consideration Clauses With Plain Language, David Spratt
Articles in Law Reviews & Other Academic Journals
As used in a "WHEREAS" clause, the term "whereas" simply means "considering that" or "that being the case." There is no legal effect to the word "whereas." It, like many other words used in standard contract boilerplate, is left over from some long-forgotten era of legal writing when lawyers used big words and legalese to impress clients with their intelligence and to justify their bills. These times have (or at least should have) passed. Today, documents must be accessible to those who use them: in most cases the clients for whom such documents are drafted.
Debunking The Efficacy Of Standard Contract Boilerplate: Part I, David Spratt
Debunking The Efficacy Of Standard Contract Boilerplate: Part I, David Spratt
Articles in Law Reviews & Other Academic Journals
Many contracts start with an introductory paragraph like this one: THIS AGREEMENT is made and entered into said 5th day of June, 2020, by and between JOHN JONES (hereinafter referred to as "Jones") and MARY SMITH (hereafter referred to as "Smith"), hereinafter referred to together as "the parties." Where do I find my red pen? There are so many problems with this introduction, I might run out of ink.