JARGONFREE Compass for Sustainable Contracting

Plain language

{TODO: Annen plain language video}

Writing in plain language means ensuring that information in a contract is relevant, easy to find, easy to understand and therefore easy to use in practice.

Plain language often raises concerns in legal teams. Some worry that “simplifying” contract text will make it less precise or less legally reliable. Others fear that important nuance will be lost. These concerns are understandable, but they misunderstand what plain language actually does.

Plain language does not mean dumbing a text down.

It does not eliminate necessary terminology, nor does it replace specialised concepts with vague or colloquial alternatives. It is very true that contract law sometimes requires highly specific expressions, and those must remain exactly as they are. Precision is non-negotiable.

What plain language does is remove unnecessary complexity: the parts of contract language that obscure meaning without adding legal value. These are the characteristics discussed in Module 3, such as… (dense sentence structures, long nominal constructions, archaic vocabulary, redundant cross-references, illogical information order…). None of these features are mandatory for legal accuracy. They are simply habits of contract writing/(drafting?).

Most “plain language contracts” will not (and do not need to) follow every plain language guideline perfectly. But even small plain language adjustments can transform a contract from a document that people fight with to a document people can work with. This is important especially when the contract needs to be understood not just by lawyers but by sustainability experts, procurement teams, sales teams and delivery teams..

Plain language makes better business

A clear contract is a business tool. Plain language:

  • Reduces misunderstandings and disputes by making expectations, responsibilities, and monitoring requirements obvious rather than implicit.

  • Improves supplier relationships, especially with SMEs that may not have the legal capacity to interpret dense or ambiguous requirements.

  • Speeds up negotiations, because fewer clauses require interpretation, internal consultation or “translation” between functions.

  • Supports the implementation of sustainability commitments, as the commitments become more actionable and easier to operationalize (people actually understand what they must report, provide or change in their operations).

{TODO: “Minigame: Spot the Problem!”}