Salvete! Legal Latin strikes again …

Posted on Apr 24, 2015 in General, Lawspeak

I have already warned in previous comments about the ambiguities associated with the use of legal Latin in contract documents and tried to highlight the dangers resulting from its adaptation to the peculiarities of various jurisdictions. Nevertheless, there is a certain attraction that remains for lawyers in the use of a traditional legal  “secretive” language. We should be using “plain English”  but for the incorrigible...

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Time and time again

Posted on Apr 20, 2015 in General, Lawspeak

Legal English, understandably, spends a lot of time dealing with concepts of time and the legal consequences. These are critical in contract matters. Let’s take a moment to consider just a couple of these “time phrases.” “Time is of the essence” is a common law concept which allows for a right to terminate a contract by the non-defaulting party if a specified deadline is not achieved. “Time is at large”...

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When is a “cell” phone very handy?

Posted on Apr 17, 2015 in General

As we move towards a paperless legal world and try to streamline communications, we should always remember that things can be overdone. In particular, the increased potential for the abuse of any e-systems is a constant risk. Those working with contracts should take a lesson from the world of criminal law. This recent case of an “e-break” from an English prison was reported in the BBC: From his prison cell Wandsworth prisoner Neil...

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Eggs and Fools

Posted on Apr 2, 2015 in Bugg’s Boilerplate, General, Lawspeak, Seminars

It it good that the legal world seems to have a resilient sense of humour. Lawyers tend to take themselves far too seriously. However, they should be egged on from time to time. So, it was a relief to see an email from a law firm circulating on 1st April to the effect that the egg (including its design, shape, method of production, use and various applications) was about to be made subject to simultaneous worldwide patent applications and that...

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