36 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

There Is Little Pressure To Improve Contract Drafting One piece of the puzzle is tradition and habitual writing style. A customary writing style for legal documents evolved over time, some of those ...
  • 145k
34 votes

Are there no limits to damage waivers or would this go too far?

This waiver is unenforceable in Hawaii Persons who “owns or operates a business providing recreational activities to the public” cannot disclaim liability for negligence. However, they are not liable ...
  • 162k
33 votes

Is there a law against signing a contract to do something illegal?

it's not illegal to sign a contract that demands illegal things, however, such a contract, in general, is called an illegal contract. Illegal contracts are null and void. Contracts that violate public ...
  • 18.1k
21 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

Why do lawyers write contracts with language that is more difficult to understand that other works? Because if contracts were written easy to understand, lay persons wouldn't need lawyers to explain ...
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11 votes

Are there no limits to damage waivers or would this go too far?

That disclaimer for deliberate damages is obviously and indisputably in circumvention of public policy and therefore is null and void. If they deny service on the basis of you not signing that ...
  • 3,303
10 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

Information asymmetry. You are assuming that most of the times the contractual parties have the same negotiating power, but that is not the case. The majority of the contract are designed to be clear ...
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10 votes

Is there a law against signing a contract to do something illegal?

england-and-wales Is there a law against signing a contract to do something illegal? There's no law (that I can find) against signing such a contract, but there is the offence of conspiracy; being an ...
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8 votes

Contracts that require you to lie

In the specific case mentioned, there is no requirement to lie since the employee resigned in exchange for some compensation. So that is not a good example. Any contract that required you to violate ...
  • 170k
6 votes
Accepted

what is it called when you are forced to breach a contract?

what is it called when you are forced to breach a contract? You might be referring to constructive termination or constructive discharge. Held v. Gulf Oil Co., 684 F.2d 427, 432 (1982) explains that ...
6 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

On the one hand, there does exist a trend in law in favor of more user-friendly drafting. On the other hand, there is a trend that is almost a millennium old that what worked before, you can count on ...
  • 170k
5 votes
Accepted

Principles to resolve ambiguity in a contract

Here is a substantial collection of interpretive canons; this article discusses rules vs. canons. This article discusses contract interpretation from both the perspectives of drafting and litigating. ...
  • 170k
4 votes

Principles to resolve ambiguity in a contract

The first and most important rule is that where the intent of the parties is clear, a contract will be read to facilitate that intent, not to frustrate it. Secondly, a contract will not be read so as ...
3 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

I'd add one more thing to all the great points here: What diffrenciates contracts from other kinds of writting is very high probability of a conflict about its content. When writting some news, ...
3 votes

Principles to resolve ambiguity in a contract

What are the main such principles, and how are they named (in Latin, English, or French)? As other answers point out, it is the doctrine of contra proferentem. But from your description it is unclear ...
3 votes

Are there no limits to damage waivers or would this go too far?

But then it also mentioned any of the risks or harm caused by them deliberately. And causing the risk of murder (what deliberately causing an accident that leads to death) makes me not want to sign ...
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3 votes

what is it called when you are forced to breach a contract?

The term for a case where a party is forced to breach a contract depends on whether the breach was caused by human-caused or natural events. If it was caused by people (e.g. you couldn't get to work ...
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3 votes

Is there a law against signing a contract to do something illegal?

It is not, in general, illegal simply to sign (or otherwise agree to) a contract that requires an illegal act. In many cases it is a crime to attempt to persuade someone else to commit a crime, and ...
3 votes

Is there a law against signing a contract to do something illegal?

It is not illegal to sign a contract. On the other hand, it is illegal (fraudulent) to enter into a contract intending to not do what is required of you. On the third hand, the lying clause would be ...
  • 170k
3 votes

Original Signed Contract

Non-residential tenancies are subject to Fla. Stat Ch. 83 Part I. This is statutorily a tenancy at-will unless a contrary agreement is in writing signed by the lessor: the duration of the lease is ...
  • 170k
3 votes
Accepted

Can a modifiable appendix be a valid and enforceable extension of a Last Will & Testament?

This is allowed in Colorado. Colorado's version of the Uniform Probate Code authorizes such a document for tangible personal property which is usually called a "Personal Property Memorandum."...
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2 votes

Security Deposit Bright Lines

What does the lease say? The deposit was collected for a reason, what was it? Whether it can be used to effect repairs and to what extent should be spelled out in the lease.
  • 162k
2 votes

what is it called when you are forced to breach a contract?

This is on you, unfortunately Under my agreement with the union, I agree to be sent where the union sees fit, and not quit. So you agreed to this Having recently completed a job, the contractor ...
  • 2,775
2 votes
Accepted

Vietnamese were chosen as applicable law, should the CISG govern contract ? May the parties choose laws of Indonesia to be applicable of the contract?

If a contract was formed, that contract is governed by the law named in the contract, in this case, the law of Vietnam rather than the CISG, so long as the contract provision doesn't violate public ...
  • 145k
2 votes

Meta (formerly Facebook) wrongly suspends a Canadian Consumer's account. What are Canadians' causes of action?

Most user complaints against Meta are subject to binding arbitration under the applicable terms of service (which is the principal contract between a user and Meta) and cannot be litigated in the ...
  • 145k
2 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

45 years ago in law school I asked the same question. My contracts prof opined that there are many reasons, but the “real” reason is “precedent.” Old language is perpetuated because it was so ...
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2 votes

Are browsewrap terms of service enforceable?

Generally browse wrap terms of service have been upheld if they not unconscionable or entirely unforeseeable. The case law recognizes that it must be possible to see the link to the ToS and has ruled ...
  • 145k
1 vote

Why do lawyers write contracts with language that is more difficult to understand than other works?

From my experience, there are several reasons this is a technical langage, with specific terms for specific notions. Just like medecine or army. there is a tradition with some words, latin ...
1 vote

Why do lawyers write contracts with language that is more difficult to understand than other works?

Some startups started to use summaries of their contracts for the service they provide which is ethical so long as they set forth generally the rights and duties of their consumers. This typically ...
  • 3,303
1 vote

Security Deposit Bright Lines

Question: What, if any, bright lines exist regarding whether a repair is reasonable after the tenant moves out? In particular: repairs to surfaces such as ceilings, floors, walls, bathroom fixtures. ...
  • 145k
1 vote

what is it called when you are forced to breach a contract?

Impossibility to perform the actions required from you in a contract is a credible defense to contract breach. The impossibility standard is quite literal. It cannot just be hard or inconvenient for ...
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Only top scored, non community-wiki answers of a minimum length are eligible