Contracts win prizes, although not in this case... It is common ground that the Deed of Variation in this case would win no drafting prizes for precision or clarity. It included errors ... which are acknowledged by both sides, and it also struggled to convey the essential agreement reached between the ...
As busy professionals we rarely have time to stop and think. But using your subconscious to create order from the wealth of facts you are bombarded with hourly is critical. To write effectively, I recommend at least two periods of reflection. Firstly, once you have determined your who and why for ...
It is time to banish stilted language from your (legal) writing. It serves no-one, especially not your client. If you need more persuading, read these words of wisdom from commentators, experts and judges: In legal writing, jargon consists mostly of stilted words and phrases — blemishes, not graces — such as ...
If your contract does not identify your role clearly, then it is too uncertain to be a contract. I was once sent a hastily prepared retrospectively written appointment asking X LLP to ‘carry out the usual services for the usual fees’. Whilst appreciating my client's succinct style, the document was ineffective ...
When was the last time you really read your T&C? It can be a shocking experience. One of my favourite exercises, in my Contract Awareness workshop, is to ask a company to review in detail some of the potential showstoppers in typical T&C that they have signed. This often leads to ...
Courts are regularly called upon to determine the meaning of contracts and individual contract terms. You can avoid these sort of complex, circular or meaningless arguments by writing down clearly and simply what you have agreed. The court tends to apply business commonsense (Rainy Sky SA v Kookmin Bank, Ace Paper Ltd ...
Although it is often better to have any contract than no contract, if you are going to the bother of writing specific terms for your clients, you should really make sure that those terms are simple and effective. You need to ask: do both parties understand what it does? what is ...
The Guardian recently reported in their Consumer Champion column the story of a shopper who had been charged £70 for overstaying at a 90-minute car Aldi car park. Although I have some sympathies with the amount of this charge, the report didn't tell the whole story of car ...