Writing Tip 12 - Business Agreements

When writing an agreement to bind two or more parties, distinguish between what is essential to the bargain, and the superfluous. While it is important to address reasonably expected future contingencies, it is an exercise in futility to attempt to address every imaginable contingency. Consider the odds of a contingency's occurrence; if it is slim, leave it out. Balance the possible usefulness of addressing contingencies against the values of brevity and clarity.

Make sure the agreement serves the objects of the parties, and not the objects of professionals who are charging for its legaleze. If an agreement is a burden for its readers, it's less likely to be honored, and more likely to confuse. If it's clear, honest, and simple then the parties are more likely to perceive it as "fair", more likely to honor it, and less likely to hide behind its confusing provisions.