You may not think it`s very useful. However, if I had to refer to dogs and labels several times, the fact is that you would find it much easier to understand my document if I kept the plain language this way. Documents that are easy to understand tend not to be challenged. (13) A term defined in the continuous text must (a) be placed immediately after the term it defines, (b) be placed in square brackets with one article, (c) be clearly distinguished from the other text, and (d) be consistent with the terms defined in the definition article. The first letter of each word of a defined term is capitalized so that the reader can recognize that the meaning of the term is « different » and must interpret what he reads according to the definition given. The treaty provision must be interpreted as replacing the term defined by the definition. If the author intentionally avoids the definition, capitalization should also be avoided (but mistakes are made too often); Given this sensitivity to error, the author may prefer to use a synonym to avoid the defined term. Here`s an example of the correct use of a defined term in combination with an undefined (similar) word: Defined terms can greatly simplify the wording of the contract, but similarly, when used inconsistently, these terms can lead to ambiguity and the risk of costly litigation. A great example of a term defined as this: After much thought and listening carefully to our plain language thought leader, Andrew Weeks, Michalsons decided to significantly minimize, if not eliminate, the use of capital letters for words defined in our contracts.
A defined term must not contain « or several »: when defined, a defined term is either singular or plural. In the body of the contract, the singular and plural can be used interchangeably, regardless of whether the definition refers to the singular or the plural. 12) In the definition article, never repeat a part of a term that is already defined in the body of the text, and never summarize or reformulate such a definition. Many misunderstandings arise because bad legal writers often randomly capitalize words without defining them. As a result, many people have assumed that lawyers use capital letters for no apparent reason. In another example, do not refer to both « product » and « televisions » if both are defined as « televisions as defined in Schedule 1 ». If a defined term comes from another (related) contract or document and refers to exactly the same definition in another (related) contract or document, you are referring to that agreement or document (« Televisions as defined in the Distribution Agreement »); You should not repeat such a definition. When you`re done editing a document, remember to go back to your defined terms and make sure that the exact definitions still apply.
5) Create a single defined term for each definition and never use a synonym where the defined concept, word or phrase should apply. Exceptionally, if the defined term is a verb and can be confused with a noun, the defined verb may exceptionally be preceded by « to », which must not be in bold and placed outside the quotation marks (if used at all). In a well-drawn document, you will never find ordinary words that are defined for no particular reason. Here are some examples to consider in other companies` documents: This is the fundamental principle that must be taken into account when deciding if and how to define a term. When interpreting the contract, the defined clause must be replaced by the definition of this term. This should be your guiding principle when drafting contracts and using defined terms. When someone looks at a contract, the term defined in that sentence should be easily substitutable. You use defined terms so you don`t have to repeat yourself or make a single sentence unnecessarily long. Why are some words capitalized in contracts and others are not (see what I did there??). In this article, you will learn how to correctly define terms in legal agreements.
I promise you that if done well, this madness has method. .
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