Course curriculum

  • 1

    Setting the Scene

    • A Bit About Me

    • Be an Informed Consumer of Contract Language!

    • Mainstream Contract Drafting Is Dysfunctional

    • Why No One Critiques My Recommendations

    • What About Artificial Intelligence?

    • The Manual’s Guidelines Apply Internationally

    • What’s the Role of Caselaw in Contract Drafting?

    • Deciding on Contract Language Shouldn’t Be Just for Lawyers

    • What Topics Do the Videos Cover?
  • 2

    Making Change Happen

    • Inertia at the Level of the Individual

    • Inertia at the Level of the Organization

    • Implementing Change If You’re the One Drafting

    • Implementing Change When Reviewing

    • Why "A Manual of Style for Contract Drafting" Isn’t a Style Guide, and Why that Probably Doesn’t Matter

    • Instead of Copy-and-Pasting, Make a Fresh Start
  • 3

    The Characteristics of Optimal Contract Language

    • Contract Language Shouldn’t Be Archaic

    • Contract Language Shouldn’t Be Legalistic

    • Contract Language Shouldn’t Be Confusing

    • Contract Language Should Express Ideas without Redundancy

    • Contract Language Shouldn’t Repeat Itself

    • Contract Language Should Be Consistent

    • Contract Language Should Be Concise

    • Contract Language Should Be Accessible

    • Contract Language Shouldn’t Seek to Persuade

    • Contract Language Should Be Restrained in Attempting to Preempt Judicial Discretion

    • Contract Language Should Serve a Useful Purpose

    • Don’t Expect Contract Language to Be Simple
  • 4

    The Front of the Contract

    • Choosing the Title of a Contract

    • Date a Contract Using the Date It’s Signed, Not a Date Based on Timing of Performance

    • The Strange Story of "Between" Versus "Among" in the Introductory Clause

    • Use "The" with Party-Name Defined Terms That Consist of a Common Noun

    • Don't Use "Party" As a Defined Term

    • Don’t Use "this Agreement" As a Defined Term

    • Using Recitals to Tell a Story

    • "Intending to Be Legally Bound" Should be Irrelevant

    • Don’t Give Headings to the Parts of the Front of the Contract

    • All-Capitals Archaisms in the Recitals and the Lead-In

    • Get Rid of Recitals of Consideration

    • More Silliness from Backstop Recitals of Consideration: "Good and Valuable Consideration"
  • 5

    The Categories of Contract Language: General Points

    • "The Categories of Contract Language" Is the Antidote to Verb-Structure Chaos

    • Be Systematic in Applying the Categories-of-Contract-Language Framework

    • Use the Third Person in Business Contracts

    • The Active Voice and the Passive Voice

    • The Active Voice and the Passive Voice (Quiz)

    • Throat-Clearing!

    • Consolidating Deal Points