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When looking at the history and development of the plain language movement and the contextual approach to contract interpretation it is clear that contract law has come a long way from its rigid Roman past. This study not only aims to look at the past, present and future of contract law in South Africa. It sets out to prove that plain language contracts are not only enforceable (under the new contextual approach to interpretation) but that they are now a prerequisite in the realm of consumer contracts worldwide. Legalese is now not only becoming outdated, but also illegal and no one can afford to ignore the rapid changes that are happening every day. By looking at the different definitions, benefits, criticisms, techniques and legislative requirements pertaining to plain language it gives an idea of what drafters should be aware of when drafting legal documents. The aim is to paint a picture of what universal modern contract law and modern legal language are and how it is reshaping contract law in South Africa and around the world.
About the author
To understand the background and impact of the plain language movement on consumers world wide Esti completed her master's degree on the topic. Since she had experience in drafting of commercial contracts she now uses her theoretical knowledge and teachings from her mentors at Michalsons to draft and convert clients'contracts in(to) plain language.
