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Why Contracts are Written in 'Legalese'

Claire A. Hill
University of Minnesota, Twin Cities - School of Law

Chicago-Kent Law Review, Vol. 77, No. 1, 2001

Abstract:
Business contracts have been reviled since before the Marx Brothers' infamous 'there ain't no Sanity Clause' sketch as being replete with duplicative, cumbersome, inartful, and sometimes imprecise language. My article seeks to understand why practice apparently hasn't made perfect - why business contracts are not as clear, and only as long, as would seem to be optimal. I argue that the contract production process combines rational, and what some would consider irrational, elements to create a serviceable, but arguably second-best, product. I discuss dynamics of law firms and their clients that contribute to the continuing viability of an 'imperfect product.'

JEL Classifications: L2, K22, L14

Accepted Paper Series

Date posted: February 01, 2003 ; Last revised: February 07, 2003

Suggested Citation

Hill, Claire A., Why Contracts are Written in 'Legalese'. Chicago-Kent Law Review, Vol. 77, No. 1, 2001. Available at SSRN: http://ssrn.com/abstract=332941 or doi:10.2139/ssrn.332941

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Contact Information

Claire Ariane Hill (Contact Author)

University of Minnesota, Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-6521 (Phone)