3. (Non)sense of hendiadyses and quasi-synonyms
This is the third blog about doublets and triplets in contracts (for the previous parts click here). Part 4 will follow shortly. If you missed
2. (Non)sense of hendiadyses and quasi-synonyms
This is part two of sense and nonsense about hendiadyses and quasi-synonyms. Do you know another one? Let me know. Free and clear. The terminology
1. (Non)sense of hendiadyses and quasi-synonyms
Contract drafting often entails the use of doublets and triplets. It is my impression that more often than not, those doublets or triplets (or hendiadyses
Now therefore … the parties agree
A familiar funny phrase that initiates the provisions of an agreement is that therefore the parties agree what follows. This blogpost addresses the whereabouts of
Counterparts…
The counterparts clause is one of the most remarkable miscellaneous provisions of current common law practice. Apparently, over the past century, it has lost the
Qualifications to make best efforts
Traditionally, legal systems distinguish between obligations to achieve a result and obligations to make reasonable endeavours to achieve something (without necessarily accomplishing it). If a
A little bit of active tense, personalisation and no-nominalisation
In my opinion, the general principles of contract drafting are: use plain English (i.e., keep it simple and clear, meaning that you should (i) write
Step 6 and 7 for upgrading your model contracts
Upgrading model contracts is often a very burdensome process. In the FAQ-section of this website (under Ten steps to a successful upgrade of your model
Dispense with …excluding its conflict of laws provisions
Choice-of-law clauses regularly contain the phrase excluding its conflict of laws provisions. It is used so often and yet so useless, that a clarification seems
