Sharpened stick: Difference between revisions

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===Allocate responsibility, not liability===
===Allocate responsibility, not liability===
Put things in the positive. Rather than cataloguing the things one shall, or shall not be liable for — which presents breach of contract as the operating presumption — allocate responsiblity. So, instead of “we accept no liability for our advice or the content of anything we say or do ...” say “you accept responsibility for the decision whether to execute and will obtain such independent advice as you consider necessary to assessing the merits of the transaction”.
Put things in the positive. Rather than cataloguing the things one shall, or shall not be liable for — which presents breach of contract as the operating presumption — allocate responsiblity. So, instead of “we accept no liability for our advice or the content of anything we say or do ...” say “you accept responsibility for the decision whether to execute and will obtain such independent advice as you consider necessary to assessing the merits of the transaction”.
That said, be clear about who is responsible. The legal eagle’s great crutch the passive can let you down. Not only do passives drain energy from your writing, and make it harder to read, they often obscure (or fudge) who is responsible for
===Personalise===

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