# Contracts not written in "leagalese"? **URL:** \ **Category:** Factual Questions\ **Created:** [January 20, 2000, 11:15pm UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201 "2000-01-20T23:15:00Z")\ **Posts on this page:** 7\ **Page:** 2
**Author:** ![ASPA](https://avatars.discourse-cdn.com/v4/letter/a/b19c9b/32.png) [@ASPA](https://boards.straightdope.com/u/ASPA)\ **Post date:** [March 25, 2000, 7:27pm UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201/21 "2000-03-25T19:27:00Z")
> [@](#): > > Originally posted by DarrenS: > \*\*This is a bit tangential, but I remember reading the following somewhere. When the laws in England were first written down by the scribes, these people were so afraid of introducing loopholes that they wrote the laws using both the Latin and Anglo-Saxon terms, feeling that a bit of redundancy was better than a hole in the law. Thus we have inherited wordy legal expressions such as “aid and abet”, “cease and desist”, “show and prove”. > > ``` > -Darren.** > > ``` That tangerine comment was well-taken. Ummm, Attention All Members: As per your above-posted messages, please be advised and informed that I am in receipt of same. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 26, 2000, 5:46am UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201/22 "2000-03-26T05:46:00Z")
my understanding is that the pairs of words came about because of the Norman invasion - usually one of the words has a French origin, the other an English origin, to ensure that the deed would be understand by those who spoke French and those who spoke English. * * * and the stars o’erhead were dancing heel to toe ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 26, 2000, 5:58am UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201/23 "2000-03-26T05:58:00Z")
I agree generally with the explanations of “time is of the essence” given above, and would just like to add the following. The two English systems of law, common law and equity, treated contractual clauses respecting time differently. The common law went through an extremely technical period, when the letter of a contract meant more than the spirit. So, if John and Richard agreed that John would do something for Richard by March 1, and John didn’t get it done til March 2, the common law would say that John was in breach of contract, even if Richard hadn’t even noticed the delay until March 15. At common law, time was always of the essence. Equity was more flexible. Equitable principles said that a delay in completion was potentially a breach, but real loss would have to be shown by the party complaining about the delay - he couldn’t just use it as a technical way to get out of the contract. But equity also recognized that in some cases, the parties count on the contract being completed precisely on time. The parties can choose to make time of the essence, as an explicit term of the contract. With the fusion of law and equity, the more flexible equitable approach generally governs. A delay in completion is a potential basis for a breach, but the parties can always provide in their contract that a delay, even of an hour, is a fundamental breach of the contract: “time is of the essence.” * * * and the stars o’erhead were dancing heel to toe ---
**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\ **Post date:** [March 26, 2000, 2:49pm UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201/24 "2000-03-26T14:49:00Z")
I considered writing my will in plain English; indeed, legalese offends the creative writer in me. However, I sat down to think. If you were recently bereft, which would you rather hear? “Theo gets my money”, or “I hereby give, devise, and bequeath to my brother Theodore all of my liquid assets”? ---
**Author:** ![Andy](https://avatars.discourse-cdn.com/v4/letter/a/aeb1de/32.png) [@Andy](https://boards.straightdope.com/u/Andy)\ **Post date:** [March 27, 2000, 6:07am UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201/25 "2000-03-27T06:07:00Z")
[The Campaign for Plain English](http://www.plainenglishcampaign.com/) has been operating for over twenty years in the UK. There’s a few amusing examples on their [website](http://www.plainenglishcampaign.com/examples.html) like Before: If there are any points on which you require explanation or further particulars we shall be glad to furnish such additional details as may be required by telephone. After: If you have any questions, please ring ---
**Author:** ![PatrickM](https://avatars.discourse-cdn.com/v4/letter/p/7feea3/32.png) [@PatrickM](https://boards.straightdope.com/u/PatrickM)\ **Post date:** [March 27, 2000, 6:20am UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201/26 "2000-03-27T06:20:00Z")
> [@](#): > > Originally posted by Crystalguy: > \*\* The owner of that location had a lease contract prepared by a **CPA,** for whatever reason I never understood. > > \*\* INMO by preparing a lease the CPA was engaged in the unauthorized practice of law and should be strung up by his balance sheet. ---
**Author:** ![KalEl](https://avatars.discourse-cdn.com/v4/letter/k/839c29/32.png) [@KalEl](https://boards.straightdope.com/u/KalEl)\ **Post date:** [March 26, 2000, 11:21pm UTC](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201/27 "2000-03-26T23:21:00Z")
> [@](#): > > Originally posted by egkelly: > **This reminds me of the time I was interviewing lawyers (to represent me in an upcoming divorce). Quite naively, I asked one fine practicianer of the law, if he would sign a contract with me-just a simple document sating that I would pay him so much money, for representing me. He refused it-he said “contracts are against the spirit of the atty-client relationship”-WOW! -it took me a while to figure that out!** EG, I hope you ran like hell. Contracts really do protect both sides, and I insist upon them with my clients (and am always happy to make reasonable revisions if requested). In many cases, the law requries a written agreement in attorney client relationships. I would have concerns about an attorney who refused to sign a contract. [Previous page](https://boards.straightdope.com/t/contracts-not-written-in-leagalese/9201.md?page=1)