Identification and correction of common imprecisions in the language of English contracts – part II (April 30, 2021)

Each of the following sentences contain a number of words/terms that need to be changed or “improved” (either because they are wrong or because they are imprecise in the context of the sentence). This may include incorrect legal terminology, wrong collocations, prepositions or a combination of all of these. They are already identified for you, now think of a better/correct option.

1. After finding a more attractive and cheaper apartment she decided to transfer her rights and obligations under the rental agreement to her friend.

2. Since several of the terms of this contract aren’t valid, it cannot be binding on the other party.

3. The Judge was asked to interpret the meaning of Clause 7 due to its vague and contradictory wording.

4. The Bank will now terminate the contract since you have complied with your monthly payment obligations and paid off the loan in its entirety.

5. Restitution damages are specifically set out in the contract itself.

6. Loss of profit is one example of performance damages.

7. We will seek an assurance as a guarantee that everything you state in the contract about the condition of the vehicle is accurate and you will have to compensate us in case you have lied about anything.

8. Given the patent unfairness of the clause, the Court decided it to be illegal and ordered the financial institution to pay back the consumer.

Identification and correction of common imprecisions in the language of English contracts – part II: Answer Key

1. After finding a more attractive and cheaper apartment she decided to transfer her rights and obligations under the rental agreement to her friend. ASSIGN

2. Since several of the terms of this contract aren’t valid, it cannot be binding on the other party. ENFORCED AGAINST

3. The Judge was asked to interpret the meaning of Clause 7 due to its vague and contradictory wording. CONSTRUE

4. The Bank will now terminate the contract since you have complied with your monthly payment obligations and paid off the loan in its entirety. DISCHARGE \ INSTALMENT

5. Restitution damages are specifically set out in the contract itself. LIQUIDATED OR STIPULATED

6. Loss of profit is one example of performance damages. CONSEQUENTIAL or UNLIQUIDATED

8. Given the patent unfairness of the clause, the Court decided it to be illegal and ordered the financial institution to pay back the consumer. DECLARED \ VOID \ REIMBURSE