Category Archives: Defined Terms

Putting the Defined-Term Parenthetical at the Beginning of an Integrated Definition?

I spotted an oddity in section 1(a) of the contract providing for Jeff Bezos’s purchase of the Washington Post. Observe where the defined-term parenthetical is positioned …

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Posted in Defined Terms | 2 Comments

Pomposity in Drafting, Part Deux: “The Executive”

As one of their assignments, students taking my course at Notre Dame Law School drafted an employment agreement. Necessarily, I prepared one too. I based it on something …

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Posted in Defined Terms | 9 Comments

A Possible Exception to the Rule that You Put Autonomous Definitions in Alphabetical Order

Warning: The following is for serious defined-term geeks only. MSCD 6.18 says, “Put any set of autonomous definitions in alphabetical order.” I’d like now to …

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Posted in Defined Terms | 1 Comment

Malpractice Claim Against Cadwalader: Defining What You Mean, Not What You Don’t Mean

A New York appellate court recently unanimously affirmed a judgment of $17.2 million against the law firm Cadwalader, Wickersham & Taft in a legal malpractice action …

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Posted in Defined Terms | 3 Comments

“Person”

The inimitable A. Wright Burke, M. Phil., added to this recent post on the word anyone the following comment (here): People are entities! There are natural entities …

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Posted in Defined Terms, Selected Usages | 20 Comments

Do We Really Need the Defined Term “Contract”?

Last week I noticed this tweet by @BlakeReagan2: This is a first: contract has "Contract" as a defined term. References a section 1/4 into contract …

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Posted in Defined Terms | 6 Comments

“Glossary”?

A contract I’m reviewing contains, as appendix A, a definition section. But it’s not referred to as a definition section. Instead, the heading is “Glossary …

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Posted in Defined Terms | 3 Comments

Using Italics for Defined Terms?

A rogue comment by noted anarchist A. Wright Burke, M. Phil., in this post got commenters contemplating alternatives to using initial capitals to designate defined …

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Posted in Defined Terms | 32 Comments

Can Visualizations Make It Easier to Understand Defined Terms?

Via @bradleybclark and this post on Legal Informatics Blog, I learned of a paper entitled “Software Tools for the Visualization of Definition Networks in Legal …

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Posted in Defined Terms | 7 Comments

An Example of an Awkward Definition

A little birdy suggested that I should check out the definition of “Arbitrator” in section 12(a) of the agreement providing for Jeff Bezos’s acquisition of …

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Posted in Defined Terms | 7 Comments

Kitchen-Sink Definitions

I’m not a fan of kitchen-sink definitions—definitions that include a grab-bag of items, not all of which belong together. Consider the following definition of “Claim,” culled …

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Posted in Defined Terms | 13 Comments

Joshua Stein on Defined Terms

I’d made many new professional friends through A Manual of Style for Contract Drafting, but never new family members. So recently I was delighted to …

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Posted in Defined Terms | 2 Comments

Using “X” and “Y” to Refer to the Parties

Note use of the defined terms “X” and “Y” in the following, from the 2002 ISDA master agreement (discussed in this post): If a party …

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Posted in Defined Terms | 4 Comments