THE INFLUENCE OF PLAIN LANGUAGE AND STRUCTURE ON THE READABILITY OF CONTRACTS

Contracts form an integral part of our existence, both in our work and personal environments. They are an unavoidable consequence of our participation in the commercial world. As such they are important since they will determine the distribution of wealth and power in society. South African law has always stuck religiously to the principles of freedom of contract and pacta sunt servanda. That is to say, everyone should have the utmost freedom to enter into contracts with whomever they please and once that agreement has been struck it must be adhered to. Through the application of these principles the law of contract obtained a high degree of certainty which is important for the parties to a contract because they know what their rights and obligations are. Furthermore they are safe in theknowledge that the contract is enforceable. While this may be an ideal situation we do not live in an ideal world. A large percentage of our society has had little contractual experience and even those that have are still regularly involved in contacts over which they have no control. Whilst consumers supposedly have freedom to contract, they very often have no leverage to negotiate the terms of the contract since a business will often make use of a standard form contract. As a consequence of this lack of bargaining power, consumers entering into contracts may not bother to read the terms since they are bound by them no matter what. Another reason is that they may be drafted and set out in such a way as to dissuade consumers from reading them.

Legal Consquences of A Contract Made by The Parties Thereout Arbiral Award

As a top-10 gold mining countries, Indonesia becomes the most attractive investors destination in mining sector. Those foreign investors shall be a Joint Venture Company with a domestic company. That joint venture company later must be making an agreement with Indonesia’s government in form contract of work. Conflict of interests are often happen within holding companies with joint venture company’s measure performing contract of work. In this case discussed in this writing, the holding companies are making an agreement of which the object of that agreement turns out being an object which is must be executed based on the case verdict between the joint venture company and the government of Indonesia. The losingparty may apply for agreement revocation or derdenverzet over the verdict.

Form Contract

In light of the tendency to view contract through a lens of free will and agreement, this chapter approaches contract from the vantage point of standard form agreements. Drawing on empirical studies, behavioral psychology, law and economics contract scholarship, critical legal studies, legal history, and literary theory, it counters the prevailing view of standard terms as the exceptional case of contract. Through the lens of deconstruction, the chapter highlights the contextual contingency of standard form and refracts the presumptions in society and law concerning the allocation of resources. It identifies how the contemporary proliferation and routine enforcement of ancillary terms such as arbitration provisions in the current day epitomize how contract serves as a tool to leverage power. Examining form-contract scholarship and case law, the chapter reveals the expressive possibility of standard form in American law. It shows how the phenomenon of boilerplate exemplifies the process by which contract language serves to manifest agreement, shaping an understanding of freedom. The chapter extends the insights of legal history concerning the limits of contract freedom in the nineteenth century. In doing so, it draws on American literature to illustrate a changing paradigm of freedom—from wage labor to real estate development to consumption—and the attendant allocation of resources that shape voluntary exchange. By virtue of boilerplate’s contextual contingency, this deconstructive perspective reveals the potential to redistribute resources through standard form contract, and thereby not only create value but shape social norms.

The Implementation of Standard Form Contract in Financing Agreement of Sharia Banking in Islamic Law Perspective

This study analyzed the implementation of standard form contract in financing agreement of Sharia banking in Islamic law perspective. This study aimed at discovering the process of mutual agreement on standard form contract of a financing agreement in Sharia banking. This study employed an empirical legal study. It was aimed at studying one or more social phenomena by analyzing it. This study found that during the process of mutual agreement on standard form contract between the bank and the customer, the element of ijab and qabul had been satisfied since the bank had made an offer and the customer accept the bank offer. However, it was found that the customer did not possess a right to change the content of the standard form contract. If there was a customer felt an objection, the requirement of a valid agreement is not satisfied since there is al-ikrah or compulsion factor in accepting the agreement. For the agreement is not met, the agreement will be considered as broken (fasid) and can be annulled.

Contract Law

This chapter presents an overview of the behavioral analysis of contract law. It first presents a behavioral theory of contracts that highlights the role of values such as promise-keeping and trust, and examines how the role played by those values depends on whether the contract is a product of negotiation or not (i.e., a standard-form contract). The chapter then discusses specific issues in contract law from a behavioral viewpoint—including pre-contractual negotiations (with special emphasis on the role of default rules and other reference points), contract formation, contract interpretation and supplementation, performance, and remedies for breach of contract, including agreed-upon remedies.