In some fields, the robots-running-rampant connotations of the term “artificial intelligence” might be somewhat justified. But when it comes to what LegalSifter offers—AI review of the other side’s draft contract—a dose of reality is in order. To read the rest of this post, go to LegalSifter’s blog, here.
As you might have guessed from my previous two posts, I’m working on a guarantee. Unsurprisingly, contains a sentence that refers to waiver of presentment. I knew this day was coming, and I’ve long been prepared for it. I reached for Howard Darmstadter, Hereof, Thereof, and Everywhereof: A Contrarian Guide to Legal Drafting 197 (2d ed. 2008). (The discussion in his … Read More
In guarantees for payment of debt, the key language of performance—hereby guarantees—is usually supplemented with one or more of the following adverbs: absolutely, unconditionally, and irrevocably. I recommend you omit all three. I suspect that many who work with guarantees would find that a shocking notion. But to insist on retaining some combination of the three adverbs is to misunderstand … Read More
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
