Contract Drafting
I've written here before about some drafting issues, particular my dismay that very smart lawyers and good drafters have no idea how to use which and that. And this can be a problem because one is merely descriptive and one is actually limiting.
So, I just ran across this blog by a Ken Adams, who teaches at UPenn law and apparently has a speaking/seminar business. Good stuff, where he suggests dumping boiler plate (like the typical successors and assigns provisions) and looks at the phrase "in form and substance." Now, maybe one day he'll address "in respect of", which is used an awful lot and doesn't really seem to be any better than the alternatives.

11 Comments:
I am not sure which you dislike more, but I like that, which isn't that, but which one I am not sure.
I am always trying to cut down on the legalese and form language in my client's contracts, but it is so easy to do when you are trying to keep those costs down. Good article, I have a whole series on my blog on contract drafting, I may have to add a section referring to precision of language.
Hi. this is an insightful post
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Wish it were that easy. Unfortunately, in Canada, we're getting bogged down with more and more boiler plate language in our contracts.
Definitely can be envious of my days working in New York City when boiler plate language wasn't required to the degree it is in Canada.
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Definitely this is an insightful post
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Thanks for your sharing. Wish it were that easy. Unfortunately, in Canada, we're getting bogged down with more and more boiler plate language in our contracts.
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Good Information... Thanks for sharing...
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