【正文】 party A and party B. This is where you can use your creativity to e with a different nickname for a party, as long as you use it consistently throughout the contract. “出租人〞和“承租人〞。 23. Wat out when using herein. Does wherever used herein mean anywhere in the contract or anywhere in the paragraph? Clarify this ambiguity if it matters. “本文herein也可譯為〞“在這里〞〕時要注意。 25. When you write including consider adding but not limited to. Unless you intend the list to be allinclusive, you had better clarify your intent that it is merely an example. 包括這個詞就要考慮在其后加上但不限于.....的分句。檢測你寫的東西是否到達這個要求有個好那就是去掉所有的句和逗然后去讀它。合同文書應(yīng)該是明晰、直接而準確的。 worry about the opposing lawyer a year from now hunting for ambiguities to get your contract into court. 。 29. Be consistent in grammar and punctuation. The rules of grammar and punctuation you learned may differ from others, but you had better be consistent in your use of them. Be aware of su things as where you put ending quote marks, whether you place mas after years and states, and similar variations in style. 。有了這些條款一旦合同引起訴訟你就已經(jīng)為了你的客戶打這場訴訟戰(zhàn)準備了一些“彈藥〞。 Write for the Judge and Jury 第四部分：要為法官和陪審團考慮 31. Assume the reader is a knowledgeable layman. If your writing is so clear that a layman could understand it, then it is less likely it will end in court. ,假設(shè)你書寫的合同簡明得連一個外行都能理解那么即使到了法庭上,你也不用害怕。 〕只平底鍋即下文中的“貨物〞(Goods)。要記住合同雙方的當事人可能會理解合同中某些專用術(shù)語但法官和陪審團卻可能一無所知。比方：哪些事情可能會隨著交易變得很遭哪些事可能會在將來發(fā)生哪些事情已經(jīng)發(fā)生了哪些可以讓事情朝好的方向開展的.....你在給客戶的說明書中都將這些都寫上。What To Do After the First Draft Is Written 第六部分：完成初稿后做 38. eck spelling, paragraph numbering, and cross references both manually and with your processor’s spelling and grammar ecker. This almost goes without saying today, especially since Microsoft now ecks your spelling and grammar as you type. (Unfortunately it also anges per stirpes to per stid if you fail to wat it closely.) And now there are even puter programs that eck contract documents for undefined terms. DealProof is packaged with Corel Perfect for law offices, and DocProofReader is available for download for MS 97 and 2000. 、段落序以及上下文的注解你可以自己手動來做也可以用文字編輯軟件中的拼寫和語法檢查功能來完成特別是自從有了微軟的軟件后做這樣的工作你似乎不要費多少精力但機器有時也不可靠假設(shè)你不看仔細它就會把per stirpes改變?yōu)?per stid〕。 40. Stamp Draft 1 6/22/2000 on it. This may be the first of many drafts, so avoid confusion early by numbering and dating all drafts at the top of the first page. It is also a good idea to write DRAFT across the face of ea page to preclude the possibility of an impatient client signing a draft rather than waiting for the final version. “第一稿于200年6月22日〞,第一稿完成后可能還要草擬幾個版本為了防止他們之間互相混淆在每份草稿首頁的頂部注上序和起草時間。 42. Save the drafts as multiple files on your puter. If you save the first draft on your puter as two files, you will have one file identified as the first draft and the other identified as the current version. This can be done by naming the current version contract and the first draft as . Then, subsequent versions can be named , , etc., where the d in the extension indicates draft. (Of course, if you’re not using Perfect for DOS, as I do, you can use long file names to show the contract name, draft number and draft date, su as Contract ith Jones draft 2 datd 6 22 2000.) 。以此類推以后修改的版本就命名為等等。假設(shè)你存了很多合同的草擬版本那么你就可以很容易地用文字處理軟件或者是pareRite軟件來比較分析兩個合同版本。用厚一點的紙不僅復印副本很容易而且它被保存的時間也要長一些。 47. Initial every page of the contract. Having ea party initial ea page of the contract will make it less likely that anyone could claim a page was anged after the contract was signed. 。 49. Be sure that corporate officers include their titles, the corporation name and the as. Failure to do this can result in personal liability of the officer. The proper way to sign in a representative capacity is as follows: ABC Corporation, a Florida corporation By:____________________________________ John Jones, as its President