Contract Form in English Grammar

When it comes to writing a contract, grammar matters. A poorly worded sentence or an unclear clause can lead to confusion, disputes, and legal headaches down the line. That’s why it’s important to have a solid understanding of English grammar as it applies to contract form.

Subject-verb agreement

One of the most basic grammar rules is subject-verb agreement. The subject of a sentence (the person, place, or thing performing the action) should match the verb (the action being performed) in tense and number. For example, “The customer agrees to pay the invoice” is in agreement, while “The customer agree to pay the invoice” is not.

Punctuation

The placement of commas, semicolons, and other punctuation marks can drastically change the meaning of a sentence. In contract form, even a small punctuation error can lead to confusion or misinterpretation. Take the following example:

“This agreement shall terminate on December 31st, 2020; unless the parties agree to renew it.”

Without the semicolon, the sentence could read as though the agreement automatically renews on December 31st each year, rather than requiring mutual agreement.

Active vs. passive voice

In contract form, it’s important to use active voice whenever possible. Active voice puts the focus on the subject performing the action, which can help make the contract more clear and concise. For example, “The buyer shall pay the seller” (active) is clearer than “Payment shall be made by the buyer to the seller” (passive).

Conditional clauses

Conditional clauses, which begin with words like “if,” “once,” or “provided that,” can be challenging to use correctly. It’s important to clearly state the condition and the consequence, and to make sure the two are logically connected. For example, “If the buyer fails to make payment, the seller may terminate the agreement” is clear and logical, while “If the buyer fails to make payment, the seller may not terminate the agreement” is confusing.

Legal jargon

Finally, when writing a contract, it’s important to use proper legal jargon. Certain phrases and terms have specific legal meanings, and using them incorrectly can undermine the validity of the contract. For example, “Indemnification” means something specific in contract law, and using a non-legal synonym could weaken the clause.

In conclusion, understanding English grammar as it applies to contract form is essential for anyone involved in drafting legal agreements. By paying attention to subject-verb agreement, punctuation, active voice, conditional clauses, and legal jargon, you can help ensure that your contract is clear, concise, and legally binding.