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THOMAS LUNDMARK Written agreements drafted by English and especially American lawyers are often much longer tha n those written by their Continen ta l European colleagues. Critics attribut e this verbosity variously to th e inclusion in Anglo-American contracts of three classes of extra clauses: (1) recitations of applicable law, commonly referred to as "boilerplate," (2) provisions for contingencies in performance, and (3) 2 3 detailed specifications of business terms. Research for this article generally supports these observations. For example, a typical Ameri can purchase agreement of 3,800 words in length devotes only 550 words to business terms, leaving over 3,000 words for standard defi nitions and boilerplate. THOMAS LUNDMARK, B.A., J.D., Dr. jur. , Professor of Anglo-American Law, University of Minister. 1. See Langbein, "Comparative Civil Procedures and the Style of Complex Con tracts," 35 Am. J. Comp. L. 381 (1987). See also Farnsworth, "A Common Lawyer's View of His Civilian Colleagues," 57 La. L. Rev. 227, 231 (1996); Goebel, "Professional Qualifications and Education Requirements for Law Practice in a Foreign Country: Bridging the Cultural Gap," 63 Tul. L. Rev. 433, 449 (1989); Lund, "Problems and Developments in Foreign Practice," 59 A.B.A. J. 1154, 1155 (1973); Hillman, "Provid
American Journal of Comparative Law – Oxford University Press
Published: Jan 1, 2001
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