Funny Contracts: Not an oxymoron

Key Takeaways:

• Humour has a place in contract design.
• It has some profound benefits.
• It is not unheard of. In fact, it is a bit of a trend.

There is a moment in the second Batman movie, The Dark Knight (2008), when Health Ledger’s Joker says, ‘Why sssso sssserious?’ One might ask the same question about contracts. No doubt, memorialising a relationship between two parties is serious business, but does it always have to be quite so stuffy, formal and devoid of humour?

1.   What do we mean by ‘funny’?

Funny sits on a spectrum from ROFL to a quiet hint of a smile. More often than not, what you aim for in a contract is ‘levity’. According to our levity contract design pattern in the WorldCC Foundation’s Contract Design Pattern Library* levity is when you treat a serious matter with humour. More often than not, you will not aim for ROFLing but rather for a twinkle in the eye, a bit of surprise that leads to light amusement.

*As an aside, if you don’t know about the library, you will be in for a very inspiring couple of hours. Make a cup of tea.

2.   What are the benefits of being funny

Why would you attempt such a thing? Well, being funny has significant benefits, all backed by science.

• Humour helps your brain to remember: If you punctuate a significant clause in your contract with humour, the parties will remember it for longer because of the dopamine hit.
• Laughing together builds trust: Social psychology shows us that laughter can act as social glue. And who doesn’t want contracting parties to stay stuck together?
• Humour helps us cope with negativity: Contracts are not all moonshine and roses. Sometimes, we have to say unpleasant things. A well-placed bit of humour can soften the blow.
• Laughter helps with creative problem-solving: Are you faced with a thorny issue in your contract negotiation? Having a bit of fun will make it so much more likely that you will resolve the issue.
• It is fun to do! We know by now that lawyers are a miserable group. There is a reason why such a thing as laughter therapy exists. Just the act of trying to be funny will lighten the darkest of moods.

Learn More: Read about the science on Why its okay to be funny about serious things.

3.   How to be funny

When people hear ‘say something funny’, they are consumed with paralysing fear. The truth is that anybody can be funny. Here are some tips:

• Read Humor, Seriously: Why humour is a secret weapon in business and life and do their Humor Typology Quiz. Not a reader? At the very least, watch their TED talk. If you do that, the rest of this list will pale by comparison.
• Take an improvisation class and deduct it as a business expense. Not only will you practice your funny muscles, but the look on your accountant’s face will make it worth it.
• Inject some fun into your day. I have funny passwords. They make me smile every time I have to log into something.
• Find some ‘collective effervescence’. Which is a clever way of saying hang out with people who make you happy. We are funnier together.
• Play! Play! Play! John Cleese said, ‘We don’t know where we get our ideas from. What we do know is that we do not get them from our laptops.’ Get a hobby, do something childish. One of my favourite authors, Ursula e Guin, said, ‘The creative adult is the child who survived’.
• John Cleese also suggested that you rip off other people’s jokes. Onto the next section.

Watch On-Demand: How to Design Better Contracts (1-hour webinar)

4.   Are people really being funny in contracts

It is expected to feel a little exposed when you first start experimenting with something as progressive as being funny in a contract. You are not alone. Here are some examples of highly amusing contracts to keep you company:

• Novation’s SLA uses amusing headings like ‘the couple’s counselling clause, ‘the zombie apocalypse clause’ and the ‘break up clause’ to make it easier to think about the end of the relationship.
• Popular culture references can be a surprising nugget in contracts. Here is an example from BuzzSumo: ‘This agreement is the only contract between us, and — like Metallica once said — nothing else matters.’
• I am running out of space, so here is a blog with ten fantastic hidden clauses in contracts and end-user license agreements. I don’t know about you, but I find end-user licence agreements hilaaarious.
• Here are some more tips on how to be funny AF.

That’s it. I will be here all day.