2 LIBRARY LICENSING ­ there to be very few quality training classes available for attorneys. Although the authors do not claim to have conducted an exhaustive search, based on a reasonable amount of searching, the authors believe that training classes marketed ­ toward nonattorneys are essentially nonexistent—or at least are very hard to find. A full exploration into why most attorneys are not very skilled when it comes to contracts exceeds the scope of this book. For an authoritative book on contract language (which also addresses the root ­causes ­ behind why most attorneys strug­gle with contract language), the authors highly recommend that you refer to A Manual of Style for Contract Drafting, Fourth Edition, by Kenneth A. Adams.1 Further, we recommend Mr. Adams’s seminars2 (which are marketed ­ toward attorneys, but, as of the date of this writing, are available to the general public). Further, Mr. Adams’s website, www​.­adams​ drafting​.­com, is an excellent resource for enhancing your skills and knowl- edge about contract language. Mastering contract review requires mastery of contract drafting. In the authors’ opinions, Mr. Adams’s books, seminars, and website provide the best guidance for contract drafting. You do not need any ­legal training to be good at reviewing contracts. ­ There are very few “magic” (special) words or phrases in the law as it relates to contracts, so we encourage you to approach contracts in the same way you would approach any technical writing: with careful thought and analy­ sis. If you have strong English-­language skills and strong critical-­thinking skills, you have the potential to be excellent at contract drafting, review, and other related tasks. Mastering contract review and drafting takes dedi- cated practice and thoughtful study. WHAT IS A CONTRACT? Stated in ­ simple terms, a contract is a promise that the law ­will enforce.3 Parties enter into contracts for many reasons, but at their core, contracts serve the following basic functions: Define the relationship between the parties (e.g., who ­ will do what, when, where, and how) Allocate risk between the parties (i.e., who ­ will bear the risk of certain actions or contingencies) Clearly outline the business transaction in an attempt to avoid misunderstanding or miscommunication, which ­ will almost certainly result in harming the parties’ relationship and might result in litigation For the purposes of this book, we ­will assume that all contracts are written (­whether electronic or hard copy). Although verbal agreements can consti- tute enforceable contracts, the details of when verbal agreements constitute enforceable contracts exceed the scope of this book. Furthermore, a business
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