Way back in 2006, I considered in this post the distinction between guaranty and guarantee used as a noun. That analysis still applies, and it’s reflected in MSCD. To summarize, the noun guarantee is used to express a meaning analogous to warranty. By contrast, when referring to a promise to pay the debt of another, guaranty is the more popular … Read More
You have two days left—21 and 22 August—to get 25% off the ABA price for A Manual of Style for Contract Drafting. That might be a better price than what Amazon is currently offering. Go here. I couldn’t help noticing that MSCD is the ABA’s biggest-selling title for 2018. I wouldn’t be surprised if that makes it one of the … Read More
Today reader Ken Obel sent me an email asking if I could help get the word out that he’s looking to hire a junior-ish lawyer to help with transactional work. Because Ken sees the value of clear contract language and uses A Manual of Style for Contract Drafting, I said I’d be happy to post his message on this blog. … Read More
A friend of the blog who enjoys stirring the pot sent me a link to this newsletter produced by the law firm Mayer Brown. When it comes to scholarship, either you’re a dwarf standing on the shoulders of giants, or you’re just a dwarf. By that standard, we got us a couple of not-on-shoulders-of-giants dwarfs in the form of the … Read More
Last week I saw this tweet by @Torcherama: I review contracts in my day job and as a volunteer board member. I get the need for legal language – to a point. But, come on. Appurtenant? Don't make me look up words on top of having to read long, complex sentences. It means "belonging to". Lawyers, do better. #PlainLanguage — … Read More
On 23 October I’m doing a “Drafting Clearer Contracts” seminar in Toronto with my longtime partner Osgoode Professional Development. I’ve done more seminars in Toronto than anywhere else, for more than 2,000 participants, and I’m looking forward to returning. And on 24 October I’m doing a half-day “Advanced” seminar devoted “the categories of contract language”—how to use verb structures to … Read More
Readers of this blog will be familiar with the ever-raffish Alex Hamilton, but I haven’t had occasion to mention his UK-based business, Radiant Law, which describes itself as “a law firm leading the way in optimising how large companies create, negotiate and manage their commercial contracts.” I’m doing so now because two items on their website caught my eye recently. … Read More
Before I published my post The Post-Truth Mindset and “Endeavours” Provisions (here), I ran a draft by one of my English readers. I found what he had to say particularly eloquent, so here it is, with my response. I welcome you to chime in. You’re asking me to guess UK audience reaction, right? If you carry on doing the same thing … Read More
The above cartoon, by @MartinShovel, caught my eye. I won’t claim to know whether we’re dealing with cause or effect, but a toxin coursing through civic life in both the United States and the United Kingdom is the “post-truth” notion that all that’s required to make our point of view valid is that we believe it. There’s nothing new about … Read More
I keep my eye open for signs that MSCD-compliant language is seeping into contracts. For example, last week while rooting around on Edgar, I noticed a contract that uses my force majeure language. (Go here for my force majeure language.) But if I were looking for A Manual of Style for Contract Drafting to quickly result in sweeping change, I’d … Read More
