Needless Symmetry?

In MSCD 2.3 I recommend that you not use a title that looks at one transaction from different perspectives, as in agreement of purchase and sale. I’m thinking that the same approach applies when one party engages another to provide services.

In other words, if I say “Acme hereby engages the Consult to perform those services specified in …,” I don’t need to add “and the Consultant hereby accepts that engagement.” Instead, it’s sufficient that it’s stated somewhere that the Consultant is obligated to perform those services.

Any thoughts?

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.

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