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Must, shall and will in business contracts

An instructor in contract drafting once condemned a contract term I had written: Party B will pay Party A £25,000 by 30 September. "You haven't created an obligation," he told me. "To impose an obligation, use shall, not will." I protested that, when A sued for the...

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Clarity for court: Clarity breakfast on 7 November 2019

Our next Clarity breakfast is on Thursday 7 November 2019, from 8.00 to 9.30am in the City of London. The topic is Clarity for court and our speaker is Lady Justice Anne Rafferty, member of the Court of Appeal, former High Court judge and criminal barrister. She...

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Lawyers’ letters in client language

My latest article on writing to clients gives you: - A quick summary of what clients want from their lawyers' letters. - Four suggestions for key techniques to deliver what the clients want. - Examples from client care letters. The article focuses on clients who need...

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Should you ever write “and/or”?

    Short answer: No one ever has to write "and/or". There is always another, better way to say what you mean. Consider the alternatives in this article.   And/or often means one, the other or both I think this is the most common meaning of and/or. For...

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How and why to avoid passive verbs

    At last, a blog post for everyone who discovered active verbs in one of my workshops and wants more on how to identify passive verbs and edit them out. Why avoid passive verbs? Plain English favours the active voice over the passive, for good reasons.The...

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Check passive verbs with Word and Outlook

  Word and Outlook detect some passive verbs Word and Outlook are normally right when they identify a passive verb. But they miss plenty. In this text, for example: Word 2010 has underlined a passive verb (can be found). If you edit that out, it shows you another...

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Can good contract drafting prevent disputes?

The Clarity breakfast on 6 June discussed whether good contract drafting can prevent disputes, focusing on commercial contracts and big disputes. Our speaker, Simon Rainey QC, suggested that no drafting can stop a party launching a claim, if the stakes are high...

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