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Plain Language: Drafting and Property Law

Peter Butt
University of Sydney - Faculty of Law

Sydney Law School Research Paper No. 06/33
European Journal of Law Reform, Vol. 7, Nos. 1-2, pp. 19-29, 2006

Abstract:
The move towards the use of "plain language" in law is now evident in many countries. It is manifested in a "plainer" style of legislation, and plainer, simpler forms of agreements and contracts. This article considers the application of plain language to property statutes and documents. It discusses a number of assumptions made about the use of plain language, and then tests these assumptions in the light of modern research. The research discussed includes findings about the "safety" of plain language, efficiencies found in the use of plain language, and judicial and client attitudes to the use of plain language. The article concludes that, in the light of this research, there is no good reason to avoid using plain language in property-related statutes and documents.

Keywords: plain language, plain english, modern drafting, legal drafting, property, property law, real property

JEL Classifications: K11

Accepted Paper Series

Date posted: October 18, 2006 ; Last revised: November 12, 2006

Suggested Citation

Butt, Peter, Plain Language: Drafting and Property Law. Sydney Law School Research Paper No. 06/33; European Journal of Law Reform, Vol. 7, Nos. 1-2, pp. 19-29, 2006. Available at SSRN: http://ssrn.com/abstract=938029

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Contact Information

Peter Butt (Contact Author)

University of Sydney - Faculty of Law ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia