10 things I hate to see in contracts

A golden oldie from 3 years ago. It received lots of comments the first time around!

IP Draughts

growlMany of the following points are commonly seen in contracts, and may be in the template agreements that you use when you start to prepare an individual contract.  In IP Draughts’ view, these points should usually be removed or corrected when preparing the first draft of a contract.

  1. All the parties are named in a single paragraph.  This practice, commonly seen in US contracts, makes it harder work to identify the parties.  This is particularly true where there are more than two parties.  Put them in separate, numbered paragraphs and use capitals or bold text to make the party names easy to find.
  2. Recitals that include obligations. The recitals, sometimes called whereas clauses or background clauses, are there to provide some brief background or a summary of what the contract is about.  They should not include any contractual or other obligations (eg representations).  They are not compulsory.  Sometimes (eg…

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