basic strucutre and terminology
Basic Contract Structure and Terminology
Importance of Clarity in Contracts
Contracts serve various purposes and vary in length and draftsmanship quality.
A well-drafted contract:
Avoids wordiness.
Uses clear, understandable language rather than legalese.
Legalese:
Characterized by long, complex sentences written in passive voice.
Includes archaic terms such as "hereby," "sayeth," or "witnesseth."
Example of Legalese vs. Plain English
Legalese Example:
"This Agreement and the benefits and advantages herein contained are personal to the Member and shall not be sold, assigned or transferred by the Member."
Plain English Equivalent:
"Membership is not transferable."
Trend Towards Clear Language
There is a movement among drafters to:
Write in a clear, active voice.
Utilize plain English when drafting contracts.
Typical Contract Structure
Many contracts follow a consistent structure and sequence, which generally includes:
Preamble
Recitals
Definitions
Clauses
Termination Conditions
Appendices
