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Draft a Simple Contract
Kim Brookson 7 November 2013
Transcript of Draft a Simple Contract
Don't ask someone how they did on an assignment; ask them what they learned, or about a recent case, or just go to the library
complete your basic contract;
no additional reading
What distinguishes a contract
Unwelcome Random Advice
Simple Grammar Tip
Take aways from Garner
often read adversarially (when there is a problem with the agreement);
applies to something in the future;
no pressure to be interesting;
rarely read from start to finish
embrace constructive criticism
edit yourself systematically (great list on pages 138-139 or 163-164 new version)
good writing makes the reader's job easy
With the person beside you, chose a contract from www.printablecontracts.com and negotiate the terms of that contract.
Make sure to come to agreement on:
•Parties’ names, addresses, and contact information
•Date the contract takes effect
•Description of the subject of the contract
•Price (consideration) for the exchange
•Any specific requirements imposed by either party
•Any penalties for failure to comply
The Seller hereby conveys to the Buyer full ownership and title to the motor vehicle described below:
Description of Motor Vehicle Sold: Year, Make, Model, VIN
The Buyer hereby agrees to pay the Seller $X on MM/DD/YY, and $Y on the Nth day of each month beginning MM/DD/YY, until all payments made to the Seller total $X.
If Buyer fails to make a payment on or before its due date, a late fee of $X shall be added to the balance due and shall be payable immediately.
Both parties hereby agree that this is an "as-is" sale, with no warranties of any kind expressed or implied.
This agreement shall be governed by the laws of the State of ______________ and the County of _________________ and any applicable U. S. laws.
The parties hereby signify their agreement to the terms above by their signatures affixed below:
Principles for Effective Drafting
draft for the ordinary reader
organize provisions in a logical way (e.g. descending importance)
use headings for each clause
number your clauses
do not use shall; if it is required, used must
do not use provided that
do not use and/or
Don't forget to look at the sample contract in Garner, Appendix B
assent - to agree to
ascent - to go up
language should be precise and clear;
each clause should have a remedy;
employ usages consistently;
put definitions at the end;;
use white space well;
Principles, Part II