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2.3 Part III: The elements of style

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In Part III, you will learn the elements of style that you will need to follow in order to produce a contract that best enhances and protects your business interests. These elements of style are the practical rules of writing business contracts that are second nature to a commercial lawyer and well worth learning by any well-prepared businessperson. How well you follow these rules will often determine how good a contract you will have written and, hence, how well you have addressed your business interests.

We illustrated the use of one such rule earlier in this chapter: namely, write in the active voice. To the untrained eye, there is little difference between the phrases, “The cake will be delivered.” and “The baker will deliver the cake.” As you saw, that subtle difference can make all the difference in the world where the success of your business is concerned.

Canadian Business Contracts Handbook

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