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美國資深律師經(jīng)驗(yàn):二十一世紀(jì)寫好合同的五十招(留存版)

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【正文】 from photocopies.46. 最好用藍(lán)墨水而不是用黑墨水來簽署合同,因爲(wèi)藍(lán)墨水可以很容易地讓人區(qū)別出哪個(gè)是合同正本,哪個(gè)是影印副本。 OR Produced Identification ______Type of Identification Produced: ____________________________Affix Seal Below:Appendix C (Sample Letter of Intent Form)LETTER OF INTENT FOR POSSIBLECONTRACT FOR SALE OF ASSETSPossible Seller: _____________________________Possible Buyer: _____________________________Business: _____________________________Date: ______________, 20_____This is a nonbinding letter of intent that contains provisions that are being discussed for a possible sale of the Business named above from the possible Seller named above to the possible Buyer named above. This is not a contract. This is not a legally binding agreement. This is merely an outline of possible contract terms for discussion purposes only. This is being signed in order to enable the Possible Buyer to apply for financing of the purchase price. This letter of intent is confidential and shall not be disclosed to anyone other than the parties and their employees, attorneys and accountants and the possible lenders of the Possible Buyer. The terms of the transaction being discussed are attached hereto, but the terms (and the possible sale itself) are not binding unless and until they are set forth in a written contract signed by Possible Seller and Possible Buyer. The word shall is used in the attached terms only as an example of how a contract might read, and it does not mean that the attached terms are or ever will be legally binding.____________________________ ____________________________________________________Witnesses____________________________ ____________________________________________________WitnessesAppendix D (Sample Hourly Attorney39。~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~譯者注:附錄部分未譯成文,有興趣的朋友可以自己翻譯,有問題,可以來信一起討論:YITIAN1437Appendix A (Basic Form of Contract)CONTRACTAGREEMENT made this _______ day of ____________, 20_____, between ______________________, hereinafter called _______________, and ______________________, hereinafter called _____________.WHEREAS, ________________。44. Print the contract on 24 pound bond paper instead of 20 pound copier paper. Using a heavy bond paper will make it easy to tell the original contract from copies. It will also last longer.。41. Let your client read it. Letting the client in on reading the first draft assures that your drafting will stay in tune with the client39。所以撰寫合同時(shí)要讓合同自己爲(wèi)自己釋義。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 such things as where you put ending quote marks, whether you place mas after years and states, and similar variations in style.。t rely on the rules of grammar. The rules of grammar that you learned in school are not universal. The judge or jury interpreting the meaning of your contract may have learned different rules. Write the contract so that no matter what rules they learned, the contract is clear and unambiguous. Follow this test for clear writing: Remove all periods and mas, then read it. Choosing the right words and placing them in the right place makes the writing clear without punctuation.。21. Don39。將一個(gè)事實(shí)來回地說很容易讓人模棱兩可。11. Include a blank for the date in the first paragraph. Putting the date in the first paragraph makes it easy to find after the contract is signed. It also makes it easy to describe the contract in other documents in a precise way, such as the December 20, 2000, Contract for Sale of Real Estate.。更爲(wèi)方便的是,許多論文和書中的合同範(fàn)本都有電子文本儲存在磁盤或光盤中。Before You Write the First Word第一部分:在動筆之前1. Ask your client to list the deal points. This can be in the form of a list, outline or narration. Doing this will help the client focus on the terms of the agreement.,也可以說是合同的清單、目錄或概述。同樣,如果你不想讓你在訴訟中所起草的和解條款與協(xié)議再起爭議的話,也可以參考一下這些招數(shù)。s Legal Forms (a nationwide set) and Florida Jur Forms, as well as in treatises and Florida Bar CLE publications. These can be used as the starting point for drafting the contract or as checklists of typical provisions and wording to include in the contract. Many treatises and form books now e with forms on disk or CDROM.。10. Be careful when using legal terms for nicknames. Do not use Contractor as a nickname unless that party is legally a contractor. Do not use Agent unless you intend for that party to be an agent, and if you do, then you better specify the scope of authority and other agency issues to avoid future disagreements.,要小心。另外,你最好將客戶列出的要點(diǎn)和一些類似的合同範(fàn)本也放在眼前,以便在書寫過程中隨時(shí)查對。被動語態(tài)的句子:此物將被賣方賣給買方。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(gè)詞,就要考慮在其後加上但不限於.....的分句。在一份銷售合同中,如果你想用“貨物”來指整個(gè)合同的標(biāo)的物,就不要時(shí)而稱它們爲(wèi)“貨物”,時(shí)而又改稱它們爲(wèi)“産品”。34. Explain technical terms and concepts. Remember that the parties might understand technical jargon, but the judge and jury who interpret and apply the contract do not. Therefore, explain the contract39。你的同事不僅能通過文字處理軟件來幫你檢查到你沒有查到的拼寫和語法錯誤,而且他們還能發(fā)現(xiàn)你起草時(shí)沒有察覺到的矛盾和混淆之處。如果你存了很多合同的草擬版本,那麼你就可以很容易地用文字處理軟件或者是CompareRite軟件來比較分析兩個(gè)合同版本。 White39。s Rules of Professional Conduct encourage attorneys and clients to enter into fee agreements at the mencement of representation in order to avoid the possibility of misunderstandings, and the Florida Probate Code requires that attorney fee agreements be signed by the Personal Representative and by the persons bearing the impact of the fees。這樣,一旦合同引起糾紛,就能很容易地找到證人。用來修改的文件可以命名爲(wèi)合同。通常情況下,只要你花時(shí)間來起草合同,你就會發(fā)現(xiàn)真正的風(fēng)險(xiǎn)在哪里。32. Define a word by capitalizing it and putting it in quotes. Capitalizing a word indicates that you intend it to have a special meaning. The following are two sample clauses for defining terms:Wherever used in this contract, the word Goods shall mean the goods that Buyer has agreed to purchase from Seller under this hereby
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