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Verbose Contracts

Verbose Contracts 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

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Publisher
Oxford University Press
Copyright
© 2000 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840923
Publisher site
See Article on Publisher Site

Abstract

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

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 2001

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