ARTICLE
9 November 2020

Reimagining Contracts: Drafting Contracts To Delight

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Ikigai Law

Contributor

Ikigai Law is an award-winning law firm with a sharp focus on technology and innovation-led businesses. We advise clients from high impact startups to mature market-leading companies and are often at the forefront of policy and regulatory debates for emerging business models. Our TMT practice is ranked by Chambers and we were named Boutique Law Firm of the Year in 2019 by Asian Law Business.
In his book "Legal Writing: Sense & Nonsense", the late David Mellinkoff wrote "after six hundred years of lawsuits caused by language atrocities, a suspicion is born.
India Corporate/Commercial Law

In his book "Legal Writing: Sense & Nonsense", the late David Mellinkoff wrote "after six hundred years of lawsuits caused by language atrocities, a suspicion is born. Maybe the lawyers don't understand each other". The world has issues with legalese. Especially so with contracts, which are written mostly by lawyers, for lawyers. They are not drafted keeping in mind the end-user, who feels alienated from the process and the end-product, and does not engage. In the article here, we contend that this should change. We draw on our practical experience and provide examples of design elements to make contracts user-friendly. These elements include FAQs, one-line explainers, illustrations, timelines, flowcharts and even a comic script. In the article, we lay out a simple test to gauge how effective a contract is. Ask, "Can a thirteen year old understand this?" If not, we recommend taking another stab at it. If you want to raise the bar, ask, "Will this contract delight a thirteen year old?" If so, you have a work of art!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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