Hey, I have a great idea! I’m going to express in sequence several sentences with the same subject and verb. So I’m going to save some words by stating the subject and verb (for example, Acme shall) as introductory text
Adams Contacts Consulting LLC
Guiding companies around the world, Adams Contracts Consulting LLC develops clear effective templated contracts. Automating templates, through an annotated online questionnaire is just one way they assist companies save time, money, and reduce risk. Acknowledged internationally as the leading authority on contract language, Ken Adams the president and founder, developed the groundwork of the company’s efforts through his extensive expertise.
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Revisiting “Good and Valuable Consideration”
By Ken Adams
In 2015 I did this post about the phrase good and valuable consideration. Well, I underestimated how stoopid it is. Here’s an example of a traditional recital of consideration: NOW, THEREFORE, in consideration of the premises and the mutual covenants…
The Ten—Uh, 11—Commandments of Drafting Business Contracts
By Ken Adams
Inspired by this morning’s post about not making contract language too informal, here are my 11 commandments for drafting business contracts: Contract language should be clear. Contract language should be only as complicated as it needs to be. Contract language…
Contract Language Shouldn’t Be Too Informal
By Ken Adams
[Updated 6:30 p.m., 16 May 2022 In a comment to this post, Kyle Mitchell says, “Conforming to a guide [MSCD] that bans informal language wouldn’t be good for my clients.” I’ll now try to clear some things up. Business contracts…
“24/7” and the Limits of Jargon [Updated: It’s Actually Informal!]
By Ken Adams
[Updated 10:30 p.m. ET, 9 May 2022: Thanks to Josh’s comment, I now have a different take on 24/7. It’s not limited to contracts—one hears 24/7 in all sorts of contexts. So I don’t think it’s jargon. Instead, it’s informal.…
“24/7” and the Limits of Jargon
By Ken Adams
Last month I did this: I’m looking for a more formal way of saying “24/7” in a contract. Round-the-clock? Nonstop? — Ken Adams (@AdamsDrafting) April 24, 2022 It prompted a lot of responses, so I thought I’d take a closer…
Contract Drafting and the Tragedy of the Commons
By Ken Adams
You’re familiar with “the tragedy of the commons,” right? Individual users have open access to a resource. In using that resource, they’re unconstrained by formal rules or shared social structures, so each user acts independently according to their own self-interest.…
“Drafting Corporate Resolutions,” Rescued from Oblivion
By Ken Adams
A casualty of the fourth edition of A Manual of Style for Contract Drafting was what had been chapter 20 of the third edition, entitled “Drafting Corporate Resolutions.” I figured that the book had gotten big enough that that chapter,…
Misapplying Sale-of-Goods Concepts to Services
By Ken Adams
Selling services is very different from selling stuff, so contracts for one are different from contracts for the other. Yet drafters are prone to deploying in contacts for the sale of services concepts that make sense only for selling goods.…
Keep Separate the Date of the Contract and Timing of Performance
By Ken Adams
As a companion piece to this blog post from last week about putting the date of the contract in the introductory clause, in this post I’ll explain why it’s not a good idea to use as the date of a…