Contracts are important legal documents that formalize agreements between parties. These agreements may involve complex legal terms and concepts, which is why contracts are often written in legalese. Legalese refers to the use of legal jargon and technical language that is specific to the legal profession. But why do lawyers use legalese when drafting contracts?
One reason is to ensure clarity and precision in the language used. Contracts need to be unambiguous and clear to avoid misunderstandings and legal disputes. The use of legalese can help to achieve this clarity. Legal terms and concepts have specific meanings that are well-defined, and using them in contracts can eliminate ambiguity and ensure that the parties involved understand the terms of the agreement.
Another reason for the use of legalese in contracts is to ensure consistency and accuracy in the language used. Legal documents need to be consistent with other legal documents and laws, and the use of legalese helps to achieve this. For example, the word «shall» is used frequently in legal documents to indicate a mandatory requirement. Using this term consistently in contracts ensures that the legal documents are consistent with other legal documents and laws.
Moreover, the use of legalese in contracts can provide protection against legal challenges. Contracts can be challenged in court, and the language used in the contract can be used as evidence. Lawyers need to ensure that the language in the contract is precise and unambiguous to prevent any misinterpretation and protect their client`s interests. Legal jargon can help to achieve this precision.
However, the use of legalese in contracts can also make them difficult to understand for people who are not trained in the legal profession. This is where the role of a clear and concise summary of the contract comes into play. Lawyers may provide non-legal summaries of the contract to ensure that the parties involved understand the terms of the agreement.
In conclusion, contracts are written in legalese to ensure clarity, precision, consistency, accuracy, and protection against legal challenges. While the use of legal jargon may make the contract difficult to understand for non-legal professionals, the provision of a clear and concise summary can help to address this issue. The use of legalese remains an important aspect of contract drafting to ensure the legal validity and enforceability of legal agreements.