The Sprawl: Complexifying Contracts Through Negotiation
This image is from a public-company merger agreement. I highlighted those components that complexify contracts. Different levels of enumerated clauses. Cross-references. Parentheticals. Exceptions. Conditions. I think “the sprawl” is a suitable term for this sort of contracts complexification. (I’m not suggesting that this example is anything exceptional.) “Complexification” is a neutral term—complexity doesn’t have to be inherently bad. But adding … Read More