This is like, Good Cop, Insane Cop!
Feb. 18th, 2004 10:29 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
ciroccojHow I love Legislation. Reading ahead, I'm getting to the "legal writing" part of the text, and man, am I sorry I'm going to have to miss this section of the classes. It's just so much more practical than just about anything else I've taken in the last couple of years.
As a language-lover, I can't help being drawn in by text that begins a section with, "The traditional style of common law drafting has given lawyers a reputation for bad writing - and rightly so."
The styles illustrated
Compare the following clauses, from a commercial lease, dealing with the tenant's right to use its name:
One side-effect of working with a textbook that extolls and demonstrates the virtues of plain language and clarity is that I'm shooting ahead in the readings. I think I'm almost two weeks ahead for this class.
Unfortunately reading Legislation makes Property just that much more excruciating. Talk about traditional common law writing style. Rule Against Perpetuities, anyone?
In the case of a possibility of reverter on the determination of a determinable fee simple, or in the case of a possibility of a resulting trust on the determination of any determinable interest in any property, or in the case of a right of re-entry following on a condition subsequent, or in the case of an equivalent right in personal property, the perpetuity period shall be measured as if the event determining the prior interest were a condition to the vesting of the subsequent interest, and failing any life in being at the time the interests were created that limits or is a relevant factor that limits in some way the period within which that event may take place, the perpetuity period is twenty-one years from the time when the interests were created.
... whaaa?
Anyway. Agenda time:
Legislation
visit Mami
look at previous agendas and see what I haven't done yet
e-mail Karen re songs
call GyneGuy
find Beavers pancake tickets
As a language-lover, I can't help being drawn in by text that begins a section with, "The traditional style of common law drafting has given lawyers a reputation for bad writing - and rightly so."
The styles illustrated
Compare the following clauses, from a commercial lease, dealing with the tenant's right to use its name:
- The traditional common law style
The said Lessee covenants, promises and agrees that it will not carry on or suffer to be carried on any business in the herein demised premises under a name or a style other than the name of the said Lessee as designated herein nor call or suffer the herein demised premises or any business carried on therein to be called by any name other than such name, without the written consent of the Lessor first had and obtained. - The modern style
Without first getting the Landlord's written permission, the Tenant shall not
(a) carry on business or
(b) let business be carried on in leased premises by any other name than the name of the Tenant as described in this lease. - The plain language style
You must not carry on business or let business be carried on in the leased premises by any name other than your own as described in this lease, without first getting our written consent.
One side-effect of working with a textbook that extolls and demonstrates the virtues of plain language and clarity is that I'm shooting ahead in the readings. I think I'm almost two weeks ahead for this class.
Unfortunately reading Legislation makes Property just that much more excruciating. Talk about traditional common law writing style. Rule Against Perpetuities, anyone?
In the case of a possibility of reverter on the determination of a determinable fee simple, or in the case of a possibility of a resulting trust on the determination of any determinable interest in any property, or in the case of a right of re-entry following on a condition subsequent, or in the case of an equivalent right in personal property, the perpetuity period shall be measured as if the event determining the prior interest were a condition to the vesting of the subsequent interest, and failing any life in being at the time the interests were created that limits or is a relevant factor that limits in some way the period within which that event may take place, the perpetuity period is twenty-one years from the time when the interests were created.
... whaaa?
Anyway. Agenda time:
pizza at Daniel's schoolJustin's school picturesmake banana bread- call OHIP
- Property
Re. McKellarPerpetuities Act
good writingstylesword choice- ULC drafting conventions
attend class
