WHY THIS, NOT THAT™ CONTRACTS | Rejecting Clauses

DO THIS

Reject clauses that do not help make the contract clear and concise.

NOT THAT

Include clauses just because you have always included them.

WHY

When you include clauses without a specific reason you may actually be introducing confusion. According to David T. Daly, here are a few of the “Top 10 Phrases Not to Use in a Contract – A Lesson from Dr. Frankenstein.

Reconsider the use of:

  • Naming a contract “Agreement” and nothing more.
  • Agreement as a defined term.
  • Now, therefore, in consideration of the foregoing and the mutual promises and covenants herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows.
  • Unless otherwise agreed.
  • Notwithstanding anything in this contract to the contrary.
  • Headings used in this Agreement are included for convenience of reference only and shall not constitute a part of this agreement for any other purpose and will have no force or affect in the construction of this Agreement.
  • In witness whereof, the parties have caused this contract to be executed by their duly authorized representatives.

Do these clauses clarify? If no, don’t include!

Interested in learning more? Join the convo on Linkedin!

About the Author

More Articles

About the Author

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Articles

Most Recent

Follow Contract Nerds

© 2022 Contract Nerds United, LLC. All rights reserved.
The opinions expressed throughout this website are not intended to provide legal advice or create an attorney-client relationship.

Subscribe to our weekly newsletter!

By subscribing to our newsletter, you agree to our Terms of Use and Privacy Policy. We promise not to spam you!

Contract Nerds Logo

Download PDF

[download id='9545']