There is a growing global movement towards plain language contracts, especially for individuals or consumers. What does plain language mean and is it enough? What is plain language? According to the Plain Language Federation (and this is the definition in the proposed new ISO on the topic): A communication is
We have never met anyone without a legal background who enjoys working with contracts So starts a 2013 paper by Stefania Passera and Helena Haapio which rues the fact that contracts have become stuff for lawyers rather than as a framework for successful deals and the relationships between a supply
On the front flap of A New Approach to the Standard Form of Building Contract (which refers to the 1963 RIBA form), the publishers say: By the nature of its legal terminology and complex provisions, [the form] is extremely difficult to apply in everyday practice without constant advice The book
A contract is not just a set of legal terms. Contracts include: processes such as change management deliverables and KPIs works information programming payment schedules policies and codes of conduct A completed contract is a mix of commercial, operational, legal and technical items. The difficulty for most users is finding
According to data from World Commerce and Contracting, a mere 0.007% of contracts end in serious dispute (and even fewer end in tribunal proceedings). So why do we mostly draft contracts as tools for legal enforcement and not as tools for project management? And why do we take the same
Contracts have a wide variety of functions, but one which is too often overlooked is their role as a communication tool. For that they need to be accurate, legally sound and enhance trust. Communicating trust Trust is a many-faceted word, combining concepts of integrity, intent, capabilities and results (or, as
Contracts are the lifeblood of business. We’ve been using them for millennia, so why should your business follow the global trend and focus on making them simple? Contracts should: effectively communicate what each company involved in the project needs to do (allocating responsibilities) reflect the changing needs of the parties
I have been researching how other countries are adapting to digital contracting. In Sweden, Skye Contracts promote contracting based on: speed simplicity flow They are interested in tremendous templates, clarity of thinking, data-driven decision-making as well as using processes that work for your business. As they state in their e-book:
Rather than blinding leaping onto the digital bandwagon, STOP! Let’s consider if you are ready for or even need digital contracts. I’ve been speaking to Mo Shana’a from Morta regarding questions he asks a company to see if they are motivated to change their current ways of working. Imposed changes
There is no specific format for contracts under English law. They can be verbal, written or in any other format. Five essentials A hasty scribble on a serviette can form a legally-binding contract, providing it covers the five essential elements (English law): Offer to do something Acceptance of that offer
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