Inspired by this morning’s post about not making contract language too informal, here are my 11 commandments for drafting business contracts:
- Contract language should be clear.
- Contract language should be only as complicated as it needs to be.
- Contract language should be precise.
- Contract language should omit redundancy.
- Contract language shouldn’t say the same thing twice.
- Contract language should be consistent in expression.
- A contract should express the transaction in an orderly and accessible way.
- Contract language shouldn’t seek to explain, tell a story, or persuade.
- Contract language should be restrained in attempting to preempt judicial discretion.
- Contract language shouldn’t have to be interpreted.
- Contract language shouldn’t be too informal.
You’ll have to provide your own tablet!
