Documents that must be precise.
WHAT A CONTRACT MUST DO
State what each party will do State what happens if they do not
WHY CLARITY MATTERS MORE HERE THAN ANYWHERE
Ambiguity is resolved against the drafter, and disputes are expensive.
WHAT TO DEFINE
Terms used repeatedly with a specific meaning.
HOW MANY DEFINITIONS
Few, and used consistently.
WHAT TO AVOID
Long sentences with several conditions Cross-references that require navigation Archaic language with no function
WHAT ARCHAIC LANGUAGE LOOKS LIKE
Hereinafter, aforesaid, witnesseth.
WHAT IT ADDS
Nothing.
WHAT TO USE INSTEAD
Ordinary words.
WHAT TO STRUCTURE BY
Obligations, by party.
WHAT TO STATE EXPLICITLY
Who does what By when What it costs What happens on breach How it ends How disputes are resolved Which law applies
WHAT TO BE CAREFUL WITH
Templates from other jurisdictions Clauses copied without understanding
WHY
They may reference law that does not apply.
WHAT TO ALWAYS HAVE
Anything of value reviewed by a qualified practitioner.
WHAT TO DO BEFORE SIGNING
Read it, entirely.
WHAT TO QUERY
Anything you cannot explain in your own words.
