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Plain English - How: Difference between revisions
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*[[one or more]] | *[[one or more]] | ||
*The Counterparty may, but shall not be [[obligated]] to | *The Counterparty may, but shall not be [[obligated]] to | ||
directly or indirectly | |||
* directly or indirectly | |||
===Don’t use fusty expressions=== | ===Don’t use fusty expressions=== | ||
*[[Shall]] is a bad, ambiguous word, and it makes you sound like a jerk. Use [[must]], for an imperative, or [[will]], for a declarative. [[Shall have]] and [[shall be]] indicate passives. | *[[Shall]] is a bad, ambiguous word, and it makes you sound like a jerk. Use [[must]], for an imperative, or [[will]], for a declarative. [[Shall have]] and [[shall be]] indicate passives. | ||
*[[And/or]] is ''always'' just “[[or]]”. | *[[And/or]] is ''always'' just “[[or]]”. | ||
*[[ | *[[Constitute]]: is | ||
*[[Shall be entitled to]]/shall not: ''may'' or ''may not''. | *[[Shall be entitled to]]/shall not: ''may'' or ''may not''. | ||
*For the purpose of | *For the purpose of | ||
*shall have no liability -> is not liable | |||
*[[In respect of]] | *[[In respect of]] | ||
*[[With respect to]] | *[[With respect to]] | ||
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*[[not less than]] | *[[not less than]] | ||
*[[in respect thereof]] | *[[in respect thereof]] | ||
*pursuant to — under | |||
*thereunder | *thereunder | ||
*an amount equal to | *an amount equal to | ||
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*for the time being | *for the time being | ||
*thereof, therefrom, therefor, therewith | *thereof, therefrom, therefor, therewith | ||
=== Convoluted constructions: De-[[Fish principle|Fishifying]] === | |||
Keep your logical constructions as plain as they can be. Lawyers are encouraged from birth not to, so this will be really hard to unlearn. For example: | |||
* “'''Term''' means, ''in respect of any Series,'' has the definition given to such term in the Instrument ''for that Series.''” The giveaway here is that you’ve had to use “Series” twice. Rework to: “Term will be defined in each Series Instrument.” | |||
* Loss: claims, liabilities, costs, expenses, damages, losses, demands, | |||
=== Contruction section === | === Contruction section === | ||
'''Successors, amendments, replacements''': THIS IS WHAT A | '''Successors, amendments, replacements''': THIS IS WHAT A CONSTRUCTION SECTION IS FOR. It is a place to send all your pedants, where they can joust with each other to their hearts' content, rather than doing it all over your special legal terms. | ||
'''Applicable law''': everything is subject to applicable law and decisions of courts. | '''Applicable law''': everything is subject to applicable law and decisions of courts. | ||