I'm back from spring break. Didn't get as much done as I'd hoped. But I'm back with the weekly tip on Legal Writing. This week I've got a great example of how not to write. This is from Kingston v Preston - a contracts case from the Court of King's Bench (England) 1773.
It was an action of debt, for nonperformance of convenants contained in certain articles of agreement between the plaintiff and the defendant. The declaration stated; - That, by articles made the 24th of March 1770, the plaintiff, for the considerations therein-after mentioned, convenanted, with the defendant, to serve him for one year and a quarter ensuing, as a covenant-servant, in his trade of a silk-mercer at $200 a year, and in consideration of the premises, the defendant convenanted, that at the end of the year and a quarter, he would give up his business of a mercer to the plaintiff, and a nephew of the defendant, or some other person to be nominated by the defendant, and give up to them his stock in trade, at a fair valuation; and that between the young traders, deeds of partnership should be executed for 14 years, and, from and immediately after the execution of the said deeds, the defendant would permit the said young traders to carry on the said business in the defendant's house.
That's just the first two sentences in the opinion. (I double checked - the spelling and punctuation above is exactly as it appears in my case book.) The opinion keeps going with no new paragraphs and more sentences like the second one above. Ugh. I had to read this four or five times before I figured out what was going on.
Monday, March 23, 2009
Subscribe to:
Post Comments (Atom)
0 comments:
Post a Comment