Ken Adams
47p98 comments posted · 0 followers · following 0
12 years ago @ AdamsDrafting - “Guaranty” or “G... · 0 replies · +1 points
13 years ago @ AdamsDrafting - “Guaranty” or “G... · 0 replies · +1 points
More generally, I'm concerned not with making complex legal documents less confusing to the lay reader, but rather with making the language of business contracts less awkward and confusing for the lawyers and clients who have to read them. If you find any of my analyses lacking, I invite you to do battle with me in the marketplace of ideas.
Meanwhile, I continue to see no merit in perpetuating the guaranty/guarantee distinction.
Ken
13 years ago @ AdamsDrafting - Australia: A Haven for... · 0 replies · +1 points
I've stated in gruesome detail why I favor disciplined use of "shall" for purposes of business contracts, and I haven't encountered any reason to shift from that position. But there's no perfect solution for stating obligations, so others can mull the same factors and opt for a different solution. Note that I'd steer clear of "shall" for statutes and consumer contracts.
You would have to close with that bane of my existence, "I don't always agree with you"! (See this: http://www.adamsdrafting.com/2008/11/03/dont-alwa... If people who disagree with me don't tell me why, how am I to improve my analysis? I invite you to prepare a list of what you find lacking in MSCD (I assume it goes beyond "shall"), and why. I have in mind that I'd post it on my blog and do my best to respond.
If you best me, I'll of course have to pack it in and take up turnip farming ...
Ken
13 years ago @ AdamsDrafting - Revised Copyright Notice · 0 replies · +1 points
13 years ago @ AdamsDrafting - What Do You Think of M... · 0 replies · +1 points
13 years ago @ AdamsDrafting - What Do You Think of M... · 0 replies · +1 points
13 years ago @ AdamsDrafting - What Do You Think of M... · 0 replies · +1 points
13 years ago @ AdamsDrafting - Does Anyone Still Revi... · 0 replies · +1 points
And thank you for pointing out the paradox in my bemoaning the lack of such reviews while declining to write any myself. I've tried to resolve that in my own mind by thinking that I could review books in related fields. But the more principled thing to do would be to just go ahead and review books on contract drafting in as measured and dispassionate a manner as possible. My experience suggests that that can create bad blood: the marketplace of ideas isn't for the squeamish.
Ken
13 years ago @ AdamsDrafting - Why I Don't Use "Immed... · 0 replies · +1 points
13 years ago @ AdamsDrafting - For Optimal Contract L... · 0 replies · +1 points