Ken Adams at the Koncision Blog provides a commentary
about the continued use of the somewhat archaic language in contracts involving
Indian parties. The examples he cites include “unless repugnant to the context
or meaning thereof” and “NOW THIS MEMORANDUM WITNESSETH AND IT IS HEREBY AGREED
BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:”
about the continued use of the somewhat archaic language in contracts involving
Indian parties. The examples he cites include “unless repugnant to the context
or meaning thereof” and “NOW THIS MEMORANDUM WITNESSETH AND IT IS HEREBY AGREED
BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:”
The simple question being posed is whether this usage aids
effective interpretation of the contract or whether it hinders the same. The
answer appears to be quite obvious.
effective interpretation of the contract or whether it hinders the same. The
answer appears to be quite obvious.
Perhaps the plain-English drafting movement could pick up
more steam in the Indian context.
more steam in the Indian context.