A Manual of Style For the Drafting of Contracts: Difference between revisions

Jump to navigation Jump to search
no edit summary
No edit summary
No edit summary
Line 1: Line 1:
{{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 its author 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 Contract(s) 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.
{{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 its author the chutzpah — or the basic sense of irony that he seems to lack — to really push out the boat.  


We can tease, but [[Ken Adams|Mr. Adams]] ploughs a lonely furrow, single-handedly taking the fight for elegant drafting to his countrymen and women. As he goes, he is by necessity surrounded by attorneys whose favourite language game is complicating simple ideas. The [[efficient language hypothesis]] is a cruel joke. You get the sense Mr. Adams suspects it might have been played on him, personally.
''A Manual of Style, Concision and/or Brevity in the Drafting of Contract(s) and Non-Contractual Obligations Arising out of or in Connection Therewith'' might have been fun, for example. There’s always the next edition.


So, we are grateful to Mr. Adams, and full-bloodedly raise our glass in salute to him — it is no small matter to dedicate 27 pages to why one should write “states” rather than “represents and warrants” in a [[contract]] and, even then, not entirely make out your case<ref>Interested readers can enjoy Mr. Adams’ disquisition [https://www.adamsdrafting.com/wp/wp-content/uploads/2015/06/Adams-Eliminating-the-Phrase-Represents-and-Warrants-from-Contracts.pdf 27-page here]</ref> — but it’s a sound ice-breaker should you be stuck next to someone dull at the ABA’s annual contract draftsperson’s gala dinner, as has happened to the [[JC]] before.<ref>Of course, I am kidding. You don’t honestly think the JC would be seen dead at an ABA gala dinner, do you?</ref>
We can tease, but [[Ken Adams|Mr. Adams]] ploughs a lonely furrow, single-handedly taking the fight for elegant drafting to his countrymen and women. As he goes, he is by necessity surrounded by attorneys whose favourite language game is complicating simple ideas. The [[efficient language hypothesis]] is a cruel joke. You get the sense Mr. Adams feels it might have been played on him, personally.


Mr. Adams has able, if [[tedious]], views on the appropriateness of the word “[[shall]]” in contractual drafting.
So, we are grateful to Mr. Adams, and full-bloodedly raise our glass in salute to him — it is no small matter to dedicate 27 pages to why one should write “states” rather than “represents and warrants” in a [[contract]] and, even then, not entirely make out your case<ref>Interested readers can enjoy Mr. Adams’ disquisition [https://www.adamsdrafting.com/wp/wp-content/uploads/2015/06/Adams-Eliminating-the-Phrase-Represents-and-Warrants-from-Contracts.pdf 27-page here]</ref> — but it’s a sound ice-breaker should you be stuck next to someone dull at the ABA’s annual contract draftsperson’s gala dinner, as has happened to the [[JC]] before.<ref>Of course, I am kidding. You don’t honestly think the [[JC]] would be seen dead at an ABA gala dinner, do you?</ref>
 
Mr. Adams has able, if [[tedious]], views on the appropriateness of the word “[[shall]]” in contractual drafting, and can refute all seven possible justifications for a [[successors and assigns]] clause. In a scrape, here is a man you would be glad to have in your corner. Whether he wants to be there or not, we claim him for ours.


{{sa}}
{{sa}}

Navigation menu