The literal reading of a formula for rent increases was irrational, arbitrary or illogical. But what were the court’s powers to override an express clause in the lease? The purpose of the clause was to increase the rent each year by a cost of living rate (the retail price index).
‘There are two things wrong with almost all legal writing. One is its style. The other is its content’ – Fred Rodell (1936). Despite having nearly 100 years to improve, legal writing is still awful. Researchers in cognitive science from MIT (Massachusetts Institute of Technology, USA) have analysed the major
Who do we… who should we write contracts to please? Not, as you’ve noticed, who do we write contracts for. But who should we write contracts to please. If a client asks me to write a contract for their business, there are two primary readers I need to consider: my
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
In a recent claim for nearly £1.8m against an online betting company, the judge held that none of these features are… at first blush features of an open and fair consumer contract that is easy to access and understand. On the basis it is easier to learn from the mistakes
What your contract means is essentially decided by strangers. What you personally think is utterly irrelevant because of the importance of an objective view. What previous cases have said about an individual term or clause is also largely irrelevant because of the importance of context. Interpreting your contract When deciding
Christopher Trudeau (and Christine Cawthorne) have repeated their 2010 study of preferences in legal documents and communication to find out how lawyers can better serve their clients and the wider community. The conclusions? Their 2017 report says: clear legal communication is vitally important legal information is very widespread (with 80%
I have read dozens of academic papers, I am often struck by how they morph into technical jargon and long words. I was told by one lecturer that they have to be impenetrable “it’s what’s expected”! Heck, I even wrote one myself on limits and incentives in letters of intent
What does your contract mean? Perhaps not what you intended… Words vs Purpose The courts interpret contracts based on examining each word (the literal approach focusing on language) and business common sense (the ‘purposive’ approach focusing on practical implications). Although language should be the surest guide as to what the
In the first of series of 3 posts, Susannah Lee, an expert disputes solicitor, looks at how clarity in your contract can help avoid disputes – which cause long term damage to your skilfully nurtured business relationships. Construction projects are prone to disputes because of their technical, procedural and managerial
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