Comments on: Contractions? In a Contract?

By: Who Thinks that Contractions Shouldn’t Should Not Be Used in Appellate Briefs or Other Legal Writing? | The California Blog of Appeal

Sat, 05 Apr 2008 23:48:36 +0000

[...] Adams of Adams Drafting is dead set against using contractions in contracts, but not all commenters at his post [...]

By: Ken Kunkle

Ken Kunkle — Fri, 25 Jan 2008 15:46:34 +0000

I agree that maintaining formality in most business to business contracts is beneficial; however, not all business to business contracts are alike. I work with many contracts in the entertainment industry and anything that can make for an easier and less formal read is viewed as beneficial by my clients. As long as the contraction doesn’t create additional formality (i.e. Shan’t) or take away from the meaning, I think there is benefit to using it. The focus should be less on the technical aspect of the contraction, than the tone it brings to the document (e.g. “the style”). What is right for the large corporation doesn’t always work for the start-up record label.

By: Ken Adams

Ken Adams — Tue, 22 Jan 2008 11:54:52 +0000

David: Of course, I'm an advocate of disciplined use of shall. Ken

By: David Staub

David Staub — Tue, 22 Jan 2008 05:40:39 +0000

Like Eric, I have no problem using contractions in some business-to-consumer contracts but avoid using them in business-to-business contracts.

I like to avoid the word “shall” as much as possible, so I wouldn’t face the problem raised by Ray, but substituting “won’t” for “will not” just doesn’t have the right ring to it. To me, “Buyer will not do such-and-such” sounds more proscriptive than “Buyer won’t do such-and-such.”

By: Ken Adams

Ken Adams — Sun, 20 Jan 2008 03:50:41 +0000

Ray: That had crossed my mind, but seeing it in writing is priceless. Ken

By: Ray Ward

Ray Ward — Sun, 20 Jan 2008 00:05:57 +0000

How would you contract “shall not”? “Shan’t”? In 21st-century America, a contract with a sentence like “Buyer shan’t do such-and-such” would indeed be bizarre.

By: Ken Adams

Ken Adams — Tue, 15 Jan 2008 18:16:15 +0000

Jimmy: You found a typo! Excellent! I’ve now fixed it; that’s one that won’t make it to the second edition. I’ll be doing my best to eliminate all such glitches. Ken

By: Eric Goldman

Eric Goldman — Tue, 15 Jan 2008 18:14:48 +0000

I don’t use contractions in business-to-business contracts, but I think their informality can be a plus in business-to-consumer contracts. Eric.

By: Jimmy

Jimmy — Tue, 15 Jan 2008 18:10:13 +0000

In the second sentence of the revised MSCD excerpt, should you have said: “…a defined term that’s a little long-winded…” (i.e., adding “a”)? As for contractions in contracts, I’m not a proponent. While it may seem more conversational, I believe it detracts from the authoritative nature and tone of the contract.

By: Ken Adams

Ken Adams — Tue, 15 Jan 2008 15:48:45 +0000

10803: Your beef isn’t with contractions but rather the possessive form of the pronoun “it.”

By the way, 10803, I’d appreciate it if you’d provide me with your email address. It’s sometimes helpful for me to be able to contact commenters.

Ken