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Book Categories |
List of Cases | ||
List of Statutes and Subsidiary Legislation | ||
List of Panels and Tables | ||
Acknowledgements | ||
Introduction | 1 | |
1 | What Influence the Legal Drafter | 5 |
Familiarity and habit | 6 | |
Conservatism | 7 | |
Fear of negligence claims | 12 | |
Means of production | 14 | |
Professional pressures | 17 | |
Straining to avoid ambiguity | 18 | |
The mixture of languages | 19 | |
Payment by length | 26 | |
Payment by time | 30 | |
The litigious environment | 30 | |
2 | How Legal Documents are Interpreted | 32 |
What judges have said about traditional legal drafting | 32 | |
The principles of legal interpretation | 38 | |
The two golden rules of interpretation and drafting | 48 | |
Commercial or purposive interpretation | 50 | |
Importance of context | 51 | |
Modern restatement | 53 | |
Dangers in using precedent as an aid to interpretation | 57 | |
3 | The Move towards Modern English in Legal Drafting | 58 |
The United Kingdom | 59 | |
Australia | 71 | |
The United States of America | 77 | |
Canada | 81 | |
What judges have said about plain English | 83 | |
4 | Some Benefits of Drafting in Plain English | 85 |
The meaning of 'plain English' | 85 | |
Increased efficiency | 86 | |
Fewer errors | 89 | |
Image of the legal profession | 90 | |
Marketing | 91 | |
Compliance with statutory requirements | 91 | |
Conclusion | 95 | |
5 | What to Avoid when Drafting Modern Documents | 96 |
Wordiness and redundancy | 97 | |
Overuse of 'shall' | 99 | |
Obscure language | 104 | |
Unusual word order | 105 | |
Constantly litigated words and phrases | 106 | |
Foreign words and phrases | 108 | |
Long sense-bites | 108 | |
Legalese and jargon | 109 | |
Peculiar linguistic conventions | 115 | |
Nouns instead of verbs | 117 | |
Overuse of the passive | 117 | |
Deeming | 117 | |
Definitions | 118 | |
Overuse of capitals | 122 | |
Provisos | 125 | |
Conclusion | 127 | |
6 | How to Draft Modern Documents | 129 |
Modern, standard English | 129 | |
Document structure | 131 | |
Layout and design | 133 | |
Short sense-bites | 137 | |
Punctuation | 139 | |
Definitions | 142 | |
Tables, plans and formulas | 144 | |
Notes and examples | 149 | |
'Shall' and the modern document | 150 | |
Handling generality and vagueness | 152 | |
Pronouns | 155 | |
Inclusive language | 157 | |
Problems with 'and', 'or' | 158 | |
Drafting in the present tense | 161 | |
Deeds | 161 | |
Amending documents | 163 | |
Standard forms | 164 | |
Conclusion | 165 | |
7 | Using the Modern Style | 166 |
Lease: how to bring it to an end if the property is damaged Company memorandum of association: subsidiary objects clause | 168 | |
Will: attestation clause | 169 | |
Will: distribution in unequal shares | 170 | |
New land obligations: buyer's restrictive covenant | 172 | |
Conclusion | 174 | |
Further Reading | 175 | |
Index | 177 |
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Add Modern Legal Drafting: A Guide to Using Clearer Language, This book reveals how and why traditional legal language has developed some of the peculiar characteristics that sometimes make legal documents inaccessible to users. It examines recent reforms in the United Kingdom, Australia, New Zealand and North Ameri, Modern Legal Drafting: A Guide to Using Clearer Language to the inventory that you are selling on WonderClubX
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Add Modern Legal Drafting: A Guide to Using Clearer Language, This book reveals how and why traditional legal language has developed some of the peculiar characteristics that sometimes make legal documents inaccessible to users. It examines recent reforms in the United Kingdom, Australia, New Zealand and North Ameri, Modern Legal Drafting: A Guide to Using Clearer Language to your collection on WonderClub |