India:
Reimagining Contracts: Drafting Contracts To Delight
09 November 2020
Ikigai Law
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In his book "Legal Writing: Sense &
Nonsense", the late David Mellinkoff wrote "after
six hundred years of lawsuits caused by language atrocities, a
suspicion is born. Maybe the lawyers don't understand each
other". The world has issues with legalese. Especially so with
contracts, which are written mostly by lawyers, for lawyers. They
are not drafted keeping in mind the end-user, who feels alienated
from the process and the end-product, and does not engage. In the
article here, we contend that
this should change. We draw on our practical experience and provide
examples of design elements to make contracts user-friendly. These
elements include FAQs, one-line explainers, illustrations,
timelines, flowcharts and even a comic script. In the article, we
lay out a simple test to gauge how effective a contract is. Ask,
"Can a thirteen year old understand this?" If not, we
recommend taking another stab at it. If you want to raise the bar,
ask, "Will this contract delight a thirteen year
old?" If so, you have a work of art!
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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