Good advice when creating contracts:

You can draft a contract with the aim of making it either fool-proof (by drafting it in simple terms) or rogue-proof (by drafting complex, detailed terms), but not both

This comes from a speech from Max Abrahamson, whose principles of risk management in construction contracts I often refer to, at the Centre for Construction Law’s 1988 conference. It is cited in John Barber’s SCL Paper D205 (link here, free for members).

What should you do?

I don’t think it is possible to draft your contract so it is watertight (or leak-proof).

I don’t think it is wise to draft your contracts for the rogues who will always make your business-life tricky.

I do think you should draft your contracts for the users, fools or not!

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