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A Manual of Style For the Drafting of Contracts: Difference between revisions
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A Manual of Style For the Drafting of Contracts (view source)
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{{a|plainenglish|}}{{br|A Manual of Style for Contract Drafting}} is such a beautifully ironic title — rather like writing '''{{font|Comic Sans MS}}How to be Cool{{font|georgia}}''' in Comic Sans — that we can’t resist wondering how much more clumsy its title might have been had {{author|Ken Adams}} had the chutzpah — or the basic sense of irony that he seems to lack — to really push the boat out. | {{a|plainenglish|}}{{br|A Manual of Style for Contract Drafting}} is such a beautifully ironic title — rather like writing '''{{font|Comic Sans MS}}How to be Cool{{font|georgia}}''' in Comic Sans — that we can’t resist wondering how much more clumsy its title might have been had {{author|Ken Adams}} had the chutzpah — or the basic sense of irony that he seems to lack — to really push the boat out. ''A Manual of Style, Concision and/or Brevity in the Drafting of Contracts and Non-Contractual Obligations Arising Out Of or in Connection Therewith'' might have been fun, for example. I guess there’s always the next edition. | ||
Mr. Adams ploughs a lonely furrow | We can tease, but Mr. Adams ploughs a lonely furrow, single-handedly taking the fight for elegant drafting to his countrypersons. As he goes, he is by necessity surrounded by American attorneys who like to expend intellectual energies on complicating simple ideas. Thus, we are grateful to the Learned Mr. Adams for it and raise our glass to him — it is no small matter to dedicate 27 pages to the topic of why one should write “states” rather than “represents and warrants” in a contract and, even then, not entirely make your case<ref>Interested readers can enjoy Mr. Adam’s scholarly monograph [https://www.adamsdrafting.com/wp/wp-content/uploads/2015/06/Adams-Eliminating-the-Phrase-Represents-and-Warrants-from-Contracts.pdf 27-page here]</ref> — even if, for the self-same reason, he might not be our natural first choice to be stuck next to at the ABA’s annual contract draftsperson’s gala dinner. | ||
{{sa}} | {{sa}} | ||
*[[Representations and warranties]] | *[[Representations and warranties]] | ||
*That dreadful [[FT book about derivatives]] (''not'' written by Mr. Adams, but somehow comparable in tone, price, heft at utility.) | *That dreadful [[FT book about derivatives]] (''not'' written by Mr. Adams, but somehow comparable in tone, price, heft at utility.) | ||
{{ref}} | {{ref}} | ||