Clarity and legibility in contractual language is widely recognised as desirable in its own right but [the Consumer Rights Act] goes beyond promoting that objective as an end in itself … the transparency provisions in the Act have to be understood as demanding ‘transparency’ in the full sense. If your
Every professional writer knows that [a] period of just-sitting-and-thinking between legwork and outline is the most important part of the whole writing process Rudolph Flesch, Art of Readable Writing As busy professionals we rarely have time to stop and think. But using your subconscious to create order from the wealth
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
Imagine your business relationship is like a romantic relationship. It starts off well with promises (sometimes slightly exaggerated) on either side, enthusiasm, trust and hope, and slowly you develop some ground rules for working together harmoniously (aka a contract). However rose-tinted your spectacles are, a small part of you knows
A contract, whether it is a multi-million pound construction project, a structural survey on a house you were buying, or the design of your porch, is there to solve a client’s problem. Client’s don’t buy drills, they buy a tool to help them create holes. Client’s don’t buy porches, they
If you are writing a contract, you should really make sure that its terms are simple and effective. You need to ask: do both parties understand what it does? what is it meant to do? does it actually do? when would it apply? how does it transfer risk? Lessons from
Conditions precedent are requirements that must be met before either (1) the contract as a whole comes into existence, or (2) a specific right under that contract will apply. Your contract won’t always use the phrase ‘condition precedent’, which makes them harder to spot… Here’s a brief spotters’ guide: Examples
Getting a contract in place before you provide works, goods, or services is not something the UK construction industry is great at (roughly one-third of projects start without any contract). But I expect more of the companies that sell a simple off-the-shelf product. So when I bought my recent JCT
Many years ago, I sat in Ed’s diner at Euston Station (London) waiting for my train. I was chatting to my sister and she challenged me to write a contract in just 500 words. In a rash moment I agreed, and being a woman of my word, I had to
There are five legal essentials for a contract in English law: Offer: a promise to do something Acceptance: a nod, handshake, email or other action which accepts that offer (it has to be a ‘yes‘ (or ‘hell, yes‘) rather than a ‘yes, but…‘) Consideration: price, exchanged services or anything of