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Friday, February 23, 2024

A seventeenth Technique to Say “Could” With Extra Phrases and Much less Clearly

In chapter 3 (Classes of Contract Language) of A Guide of Fashion for Contract Drafting, desk 3 (Language of Discretion: Could) showcases 16 methods to say could with extra phrases and fewer clearly.

Mates, it’s time to introduce you to a seventeenth method. It’s within the extract within the picture above: has the choice to. It’s from a consulting settlement on EDGAR. To make use of the instance in desk 3, as a substitute of claiming Acme could appoint a number of subcontractors, you’d say Acme has the choice to nominate … .

Just like the 16 different alternate options to could, that’s lame. A fundamental precept of contract drafting is that contract language ought to be constant. One other is that contract language ought to be concise. (These are two of the 12 rules said in chapter 1 (The Traits of Optimum Contract Language).) So say could as a substitute in every single place you want to categorical that that means.

However what if somebody is being granted an precise choice? (In line with Merriam-Webster’s definition, an choice is “a contract conveying a proper to purchase or promote designated securities, commodities, or property curiosity at a specified value throughout a stipulated interval.”) Right here’s an instance: Landlord hereby grants Tenant the unique proper and choice to lease the Fourth Enlargement House (the “Possibility”).

In that context, utilizing language of efficiency with choice appears OK. And it has the benefit of permitting you to make use of adjectives, on this case unique. However, utilizing proper as effectively is redundant.

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