A Manual of Style for Contract Drafting by Kenneth A. Adams

By Kenneth A. Adams

A guide of favor for agreement Drafting, 3rd Edition is a uniquely in-depth survey of the development blocks of agreement language. First released in 2004, it bargains those that draft, overview, negotiate, or interpret contracts a substitute for the disorder of conventional agreement language and the unsuitable traditional knowledge that perpetuates it. This guide has develop into a necessary source during the felony occupation, within the U.S. and internationally.

This manual's concentration is still tips on how to convey agreement phrases in prose that's freed from the archaisms, redundancies, ambiguities, and different difficulties that afflict conventional agreement language. With unheard of research and an unrivaled point of functional element, Adams highlights universal assets of misunderstanding and recommends clearer and extra concise possible choices. This guide is prepared to facilitate effortless reference, and it illustrates its research with quite a few examples. seek advice it to save lots of time in drafting and negotiation and to lessen the chance of dispute.

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Extra resources for A Manual of Style for Contract Drafting

Sample text

Why not have it simply “grant” the security interest? ” That meaning goes beyond the function required of the verb in language granting a security interest, so it adds useless complexity. And that meaning isn’t otherwise necessary, as the security agreement itself will specify what the terms of the security interest are. Hypothecate might have value as shorthand for purposes of court opinions or scholarly texts, but that’s very different from what’s required for purposes of a contract. Using grant for purposes of granting language in a security agreement wouldn’t prevent that grant from being a hypothecation, assuming that the remainder of the granting language is consistent with that meaning.

Appendix 1 contains three versions of a contract: the “Before” version; the “Before” version, annotated with footnotes to show its drafting shortcomings; and the “After” version, redrafted consistent with the recommendations contained in this manual. The difference between the “Before” version and the “After” version shows the cumulative effect of a rigorous approach to drafting usages, big and small. Readers might find that the footnotes in the annotated “Before” version provide a quick way to find those parts of this manual that discuss issues of particular interest to them.

Readers who expect archaisms do so only because they’re unaware that there’s an alternative. It’s hard to imagine that once presented with a contract purged of archaisms, any rational reader would miss them. 6 whatever is inefficient. The legal profession has been stumbling in that direction too. In that environment, it’s quaint that anyone would want to perpetuate archaisms. This manual recommends that you eliminate obvious ones and think hard about borderline cases. 7 art—words and phrases that have a specialized doctrinal meaning.

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