39,436 Members 1,488,792 Posts
Plain English
This is a discussion on Plain English within the The Roadside Hotel forums, part of the Members Area category; Just trying to read through pages of conditions re a government contract. One sentence reads: 'The Contractor irrevocably consents to ...
| |||||||
Pronounced "bris-skoda", a brisk skoda. | Register | Gallery | FAQ | Members List | Calendar | Mark Forums Read |
08-09-2006, 21:46
| #1 |
| Briskodian  Join Date: Dec 2005 Location: West Scotland
Posts: 2,376
Members Car: Was Superb Elegance 2.8v6, now Saab 2.0t Aero Thanks: 34
Thanked 68 Times in 68 Posts
| Plain English Just trying to read through pages of conditions re a government contract. One sentence reads: 'The Contractor irrevocably consents to the disclosure of the information provided by it in terms of Clause (variable) hereof by the Client in accordance with the provision of Clause (variable) hereof, and irrevocably waives the right of confidentiality which it may have in respect of the said information and any other right which it may have in respect of the said information by it or the Client in accordance with the provisions of Clause (variable) and (variable) hereof.' And so it goes on  When will common sense and plain English come to our fair land |
|    |
Find out about Freedom to remove these ads.
|
08-09-2006, 21:47
| #2 |
| Worthless loser  Join Date: Jan 2005 Location: Nowhere of interest to anybody
Posts: 1,034
Members Car: Unimportant Thanks: 0
Thanked 0 Times in 0 Posts
| Re: Plain English Never it seems - not when lawyers are involved anyway 
__________________ David 2002 Black Magic Octavia V/RS  |
|
| |
|
08-09-2006, 21:49
| #3 |
| Briskodian  Join Date: Jan 2003 Location: Rochdale
Posts: 12,476
Members Car: Octavia 1.6 Ambiente Thanks: 2
Thanked 74 Times in 67 Posts
| Re: Plain English Unfortunately if it's a contract it'll need to be legally watertight and unambiguous...so I think you'll be waiting for a long time...  Rob.
__________________  |
|
| |
|
08-09-2006, 22:09
| #4 |
| Briskodian Join Date: Aug 2006 Location: Kernow
Posts: 59
Members Car: Octavia vrs Thanks: 0
Thanked 0 Times in 0 Posts
| Re: Plain English More words=more things to argue about=more lawyers=more words....etc
__________________ Proper Job  |
|
| |
|
08-09-2006, 22:27
| #5 |
| Cuthbert Dibble  Join Date: Apr 2006 Location: Watching Tom peeping at Lady Godiva.
Posts: 7,177
Members Car: Octavia Elegance 2.0 Tdi Thanks: 230
Thanked 263 Times in 221 Posts
| Re: Plain English The scary thing is that it looks perfectly normal to me.
__________________   I drink, therefore I spam. |
|
| |
|
08-09-2006, 22:44
| #6 |
| Briskodiodion  Join Date: May 2006 Location: Hayling Island, Hampshire
Posts: 8,240
Members Car: Fabia 2.0/Felicia Thanks: 48
Thanked 233 Times in 205 Posts
| Re: Plain English it makes no sence to me!! |
|
| |
|
08-09-2006, 23:04
| #7 |
| Briskodian  Join Date: May 2004 Location: Carlisle, Cumbria
Posts: 729
Members Car: Hyundai Coupe SIII 2.0 Thanks: 11
Thanked 35 Times in 33 Posts
| Re: Plain English You never get things in plain english from a lawyer  |
|
| |
|
08-09-2006, 23:31
| #8 | |
| Briskodian  | Re: Plain English Quote:
 Indeed. There's no such thing as a watertight contract (sorry robmawer) and it's usually better that it isn't, so that you do have something to argue about which a court can eventually decide on, if Heaven forbid it should come to that. In terms of reading them, commas are not allowed because they can change the whole sense of the thing if one is missed so just read the words in two to four-word slots and put your own mark at each interval that you've understood. So in the paragraph as quoted "by the Client" presumably means "and" by the Client since both are apparently giving up all rights. It doesn't help, IMO, if contracts are drafted incorrectly and any errors should be corrected before signing on the dotted line, needless to say. 'The Contractor - irrevocably consents - to the disclosure - of the information - provided by it -[ in terms of Clause (variable) hereof] by the Client(?) in accordance with - the provision of - [Clause (variable) hereof], - and irrevocably waives - the right of confidentiality - which it may have - in respect of - the said information - and any other right - which it may have - in respect of - the said information - by it or the Client - in accordance with - the provisions of - [Clause (variable) and (variable) hereof.'] Tsk! It's been a hard week. Good luck persuading people to be of fewer words  Zzzzzzz Mo
__________________  | |
|
| |
|
09-09-2006, 10:08
| #9 | |
| Briskodian Join Date: Dec 2005 Location: West Scotland
Posts: 2,376
Members Car: Was Superb Elegance 2.8v6, now Saab 2.0t Aero Thanks: 34
Thanked 68 Times in 68 Posts
| Re: Plain English Quote:
 Time consuming, n'est pas? And totally unnecessary imho | |
|
| |
|
09-09-2006, 10:28
| #10 |
| Don't talk, drive!  Join Date: Feb 2003 Location: The B roads of Britain
Posts: 12,964
Members Car: 1983 Porsche 928S / 1972 MGB GT Thanks: 17
Thanked 96 Times in 79 Posts
| Re: Plain English "Any information provided by the Contractor to the Client shall no longer be deemed confidential" End of... |
|
| |
|
15-09-2006, 20:24
| #11 |
| Briskodian | Re: Plain English It is a complete fallacy to believe that the only way you can make a contract clear and unambiguous (a better description than watertight) it to write it in this sort of language. Fortunately there are some modern contracts that don't use that sort of outdated language and an increasing number of clients are using them. The problem is that they are not popular with some lawyers because "there is no case law for them". When they say that to me I ask them two questions 1 Who paid for all that case law (answer their clients) 2 Who got paid for all of that case law (answer them). |
|
| |
|
17-09-2006, 19:59
| #12 |
| DisturbedMonkey  Join Date: Jan 2006 Location: In a mental home, whacked out on happy pills talking backwards with Einstein :D
Posts: 262
Members Car: Skoda Fabia 1.4TDi Estate Thanks: 0
Thanked 0 Times in 0 Posts
| Re: Plain English they use all this BS on the theory it makes them look intelligent, when they will come to the understanding, no matter how much they try they will always be stupid idiots who are rapidly ruining this country, the thing is they are in every country in the world..... i think it is a legal requirement for all politicians and government officials, have to have a large chunk of their brains removed before entering the profession.... Q
__________________ Insanity is not an illness.... it's a way of life !!  |
|
| |
Linear Mode
