English Contract Drafting

English Contract Drafting

Contract Drafting is the first step of preparation of contract, gethering information,terms and condation according to the cantratual law. Many aspects need to be considred before drafting an English contract.

Types of English Contracts

English contracts can be devided into different types:

1. Contract

2. Agreement

3. Confirmation

4. Memorandum

5. Order

Main Components of English Contracts

1.Title of Contract

2. Preamble: including date and place of signing; Signing parties and their nationalities, principal place of business or residence addresses; each party's authority and recitals or WHEREAS clause.

3. Body: Definition clause, Basic conditions, General terms and conditions, Duration, Termination, Assignment, Arbitration, Governing law, Jurisdiction, Notice Amendment and Others.

4. Witness clause: Concluding sentence, Signature and Seal.

Basic Procedures of English Contract Drafting

1.Set writing goals and contract relatives

2. Solve physical examination and procedural issues

3. Determine the contract style and priorities

4.Choose a template and template

5.Review of the first three steps

6.First production contract

7.Contract Writing text

8.Contract tail

9.Finalization of the work

Useful Tips For Drafting English Contracts

1. Be precise (accurate, complete and, exact), clear, specific, and focused.

2. Balance precision with simplicity.

3. Use plain English.

4. Avoid jargon.

5. Use sentences with less than 25 words.

6. Prefer short words to long words (avoid unnecessarily complex).

7. Avoid double negatives.

8. Keep subject and verb together.

9. Use active not passive voice (“Buyer terminated the contract”...not...”contract was terminated by Buyer”).

10. Understand the whole design before you begin drafting (outline first for clarity).

11. Sequence logically by chronology of events.

12. Put related provisions together (cohesion).

13. Don’t assume. What is missing? Look for conflicts.

14. Boil a sentence down to its essential point.

15. Use kernel words not long derivatives (“state”...” not … “make a statement”).

16. Eliminate redundancies (“past history”; “future plans”).

17. Avoid doublets/triplets (“right, title, and interest”).

18. Cut unnecessary preambles (“it is important to note”).

19. Minimize prepositions (“of”,”in” and “by”).

20. Avoid noun pile-ups (“DOC computer hardware component regulation”).

21. Use parallel structure (“proposing, drafting, and negotiating contracts”).

22. Careful of "will", "shall", "must" and "may" (will/shall/must = command; may = permissive).

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