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by svdad 4873 days ago
> It's more about using previously tested blocks of language. Here's a good example: http://en.wikipedia.org/wiki/Himalaya_clause

Right; there's some cargo culting in legal writing. Until a particular form of words has been tested in court, no-one really knows whether it will stand up.

If there's an untested standard form, most people won't want to experiment with a variation because if their variation happens to be the one that fails, there's a possibility of a negligence suit for not using the standard form.

If there's a tested standard form, even fewer people will want to experiment, for the same reason.

1 comments

...there's some cargo culting in legal writing...

Some? In my experience, it rises to the level of "massive amounts of".