Comments on: Issues in Drafting Commercial Agreements—Using the First and Second Person http://www.adamsdrafting.com/2006/08/21/using-the-first-and-second-person/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: AdamsDrafting » Blog Archive » Presenting Contract Text in Full and in Bullet Points http://www.adamsdrafting.com/2006/08/21/using-the-first-and-second-person/comment-page-1/#comment-84261 AdamsDrafting » Blog Archive » Presenting Contract Text in Full and in Bullet Points Tue, 17 Mar 2009 01:19:26 +0000 http://www.adamsdrafting.com/2006/08/21/using-the-first-and-second-person/#comment-84261 [...] Incidentally, although the bullet points are evidently striving for the feel of a consumer contract, the full version sure looks like your regular business contract. If I were Aviary, I’d bite the bullet and treat it like a business contract and ditch the second person (using “you” and “your” to refer to the user). That’s something I discuss in MSCD 2.5 and in this August 2006 blog post. [...] [...] Incidentally, although the bullet points are evidently striving for the feel of a consumer contract, the full version sure looks like your regular business contract. If I were Aviary, I’d bite the bullet and treat it like a business contract and ditch the second person (using “you” and “your” to refer to the user). That’s something I discuss in MSCD 2.5 and in this August 2006 blog post. [...]

]]> By: Nilima Bhadbhade http://www.adamsdrafting.com/2006/08/21/using-the-first-and-second-person/comment-page-1/#comment-119 Nilima Bhadbhade Tue, 22 Aug 2006 04:53:02 +0000 http://www.adamsdrafting.com/2006/08/21/using-the-first-and-second-person/#comment-119 When parties draft contracts, especially contracts affecting immovable property, in my language Marathi (local language of Maharashtra State, India) they will write In the recitals - "We purchased the land etc. and wish to sell it to you." and later : "We will sell / transfer the plot / house to you on --/--/--." "Upon sale, you may enjoy the property as you wish over generations." I have always enjoyed making drafts in such simple language. When parties draft contracts, especially contracts affecting immovable property, in my language Marathi (local language of Maharashtra State, India) they will write

In the recitals – “We purchased the land etc. and wish to sell it to you.”

and later :
“We will sell / transfer the plot / house to you on –/–/–.”
“Upon sale, you may enjoy the property as you wish over generations.”

I have always enjoyed making drafts in such simple language.

]]> By: Eric Goldman http://www.adamsdrafting.com/2006/08/21/using-the-first-and-second-person/comment-page-1/#comment-118 Eric Goldman Tue, 22 Aug 2006 01:26:50 +0000 http://www.adamsdrafting.com/2006/08/21/using-the-first-and-second-person/#comment-118 I rarely use the second-person in a B2B contract. (I have found it appropriate in B2C form agreements). However, I wouldn't find it objectionable so long as the contract was otherwise clear. Eric. I rarely use the second-person in a B2B contract. (I have found it appropriate in B2C form agreements). However, I wouldn’t find it objectionable so long as the contract was otherwise clear. Eric.

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