Top Twenty Contract Terminology Quiz

Posted on Jan 2, 2014 in General, Lawspeak

Do you understand the following? Can you explain these terms in simple plain English to your clients? (The solutions are in the February edition of Lawspeak…) So, you had better sharpen up your pencils and get started: 1. time is of the essence 2. a Romalpa clause 3. without prejudice (in an offer of settlement) 4. an invitation to treat 5. garden leave 6. a unilateral contract 7. an adhesion contract 8. the construction of a contract 9....

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January 2014: keeping it short and sweet

Posted on Jan 2, 2014 in General, Lawspeak

Keep it short short, sweet and simple: When drafting legal documents, especially contracts, the best solution is always to use plain, simple language. Avoid jargon or foreign terminology wherever this is not clearly undestood by the parties. In other words, use plain English. Exactly the same applies if you are using another language, mutatis mutandis. Have fun with the drafting! Stuart Bugg

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Beware of Latin lovers …and stick to plain English

Posted on Jan 2, 2014 in General, Lawspeak

It is very tempting to assume that Latin terms and phrases so loved by jurists would form a cross-border language understood by lawyers and judges all around regardless of colour or creed or legal system. Indeed, it would be a great comfort to our treasured concepts of universal justice (not to mention the need to understand foreign colleagues in other languages) but alas, it is not to be. Excessive Latin in legal documents and especially...

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