“Merchantability” is one of those legal terms-of-art that defies precise definition. Courts ruling on implied warranty of merchantability claims generally frame the question as whether the product was “reasonably fit for its intended purpose.” But what any given jury will find to be “reasonable” is anyone’s guess. So better for the defendant that the case never get to the jury. I think Chrysler might agree. Continue reading
Commenting on An Orwellian approach to legal writing, 3 readers share insights and experiences recommending plain language. Here’s a sampling of what they have to say:
“My crime briefs ‘read like a thriller,’” says Bapoo M. Malcolm, Advocate, Bombay High Court, India.
“Practice has shown that people appreciate simplicity & clarity in comprehension compared to more technical writing (jargons & all),” observes Janice Isu, Acting Principal Legal Officer, Office of the State Solicitor, Dept. of Justice & Attorney General, Papua New Guinea.
“A company can’t hide behind fine print written in legalese. Judges rule for the average person,” declares Paul Eveleigh, a copywriter from Melbourne, Australia.
There’s more. Continue reading
Responding to an earlier post, Plain and simple, Nick Fielden, a freelance copywriter from Perth, Australia, observes: “Perhaps when it comes to comprehension, we should be thinking less of simple versus complex, and more about clear versus obscure.” I don’t know that I’d put it in quite those terms, but before I reply further, let’s take a look at all Nick has to say: Continue reading
As Sir Francis Bacon long ago observed – aptly we think – “Knowledge is power.” After all, it is the pursuit and acquisition of knowledge that enables sound decision making, stimulates creativity, fosters innovation, and drives progress.
With this blog, the attorneys in the Segal McCambridge warranty and service contract practice group have created a place where professionals in these fields can obtain and share knowledge that leads to program innovation and improvement, which in turn will drive value.