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

12 Pages Posted: 18 Oct 2006  

Peter Butt

The University of Sydney Law School

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 Classification: K11

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: https://ssrn.com/abstract=938029

Peter Butt (Contact Author)

The University of Sydney Law School ( email )

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

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