The complexity of legal or contractual documents often makes them illegible or incomprehensible. Here’s why.
- Inserting a definition in the middle of a sentence makes it harder to understand
- This technique is often used in contractual or legal documents
- MIT researchers analyzed thousands of documents to show why some are unreadable
Too long, too complex, in short, illegible: terms of use, contractual clauses, notarial deeds, you must have already come across one of these texts because they are too difficult to read. Too bad: it is generally in these pages that the detail that “kills” is hidden, and which prevents you from asking for compensation if you are not satisfied! Well tell yourself that this incomprehensible side is most often… voluntary!
A long definition in the middle of a sentence
This is demonstrated by the work published in the journal Cognition and carried out by scientists at MIT who, after analyzing thousands of documents of this nature, have understood where the “circle” was. The best way to make a text too complex and discourage anyone from reading it in detail is, according to them, to insert long definitions in the middle of sentences. “The biggest culprit, they explain, is central integration when the writer introduces the subject of a sentence, then inserts a definition of the subject, then continues with the sentence.“. And they give an example:
Sentence that “confuses” you: “In the event that any payment or advantage by the Company (all such payments and advantages, including payments and advantages under Article 3 hereof, being hereinafter referred to as total payments) are subject to tax, the cash severance pay would be reduced”.
The same, easily understandable: “In the event that any Company payment or benefit is subject to tax, severance payments will be reduced. All Company payments and benefits shall hereinafter be referred to as total payments. This includes payments and benefits under Section 3 hereof”.
Clearer, right? But the MIT researchers did not content themselves with describing the way in which certain texts are deliberately complicated. They also tried to find out… why!
“Transmit complex concepts unambiguously”
The answer of the authors of this type of documents is that the complex language makes it possible to “unambiguously convey the meaning of complex related concepts“.”Fake !“, retort the scientists who have discovered that many terms used in legal documents in particular can be replaced by more common words without changing their meaning. So much for the explanation of a “sly” origin of these difficult to understand documents. .
But the other possibility put forward by the MIT team is that lawyers not only do not want to change a way of writing to which they are accustomed, but that in addition they consider that this complexity of drafting does more “professional” and allows them to be taken more seriously by their colleagues and customers.
It’s up to you to choose what the author’s intention was when the 25th paragraph of your contract will have escaped you and you will understand that you have no recourse and that you only have tears left to cry!
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