Square Brackets in Contracts
30 novembre 2022

I agree – in fact, I was taught that a parenthesis can be marked with parentheses, commas, or hyphens. For example: “It is one thing to say that Tchaikovsky was a great composer of ballet music – as most claim – and another to say that he was a great symphonist.” The bit between the hyphens is a parenthesis. Whether you use commas, parentheses, or hyphens is a matter of subtlety. I know that all these parentheses have specific functions in serious mathematics. Engineers and physicists use them in extremely complex formulas. I asked an engineer friend who told me he had no idea they had certain names. Quite strange, as he is otherwise accurate in his descriptions of his professional work and research. The # symbol is interesting. My father was Australian and an engineer. He used # to mean “pounds per square inch,” or PSI, a unit of pressure. I used # to mean fracture (like #R femur) in what we used to call the victim, but now emergency room (E.D.) or A and E or . as my Canadian family E.R.

says. Also in North America, I see addresses of people where # clearly means “number”, I find the abbreviation “no” confusing, especially when filling out a form that asks for something like “no” phone. Where I want to write “yes”…. And the last “confusion”. Already mentioned, # has a specific meaning for musicians when a note is to be played half a note higher on the scale. In Imperial Chemical Industries Limited v. Merrell Technology Limited [2015] EWHC 2915 (TCC), the final version of the contract contained various bracketed clauses. This was problematic for the dispute settlement clause, which left in square brackets the reference to the rules of the Technology and Construction Solicitors` Association, as well as the choice of RICS as the body for appointing arbitrators. Whether a case citation has a square or parentheses depends on the series of legislative reports in which the case report is published.

Some series of legislative reports have more than one volume per year, usually numbered 1.2 3, etc. To find the right volume of the legislative report series, you need the year – if not, how do you know which volume 1 you need? In these circumstances, the year is displayed in square brackets to indicate that it is essential to the location of the report. For example: When determining the meaning or meaning of square brackets and terminology used in a particular contract, the usual rules of contract interpretation will indicate that the text in square brackets is optional OR that you need to consider whether the text in square brackets needs to be changed. I`m not interested in parentheses, but using “alternative” instead of “alternative” drives me crazy. They would not normally refer to “parentheses” except to explicitly distinguish them from squares (as in the OED quotation). () are the default unmarked parentheses, while the variants [] and {} have their own names. I suspect that`s why people claim they`ve never heard the term “parentheses” before – they`ve never analyzed it as a lexical piece in its own right, just as a clarifying sentence. In Australia, these are “hooks”, “hooks” and “the things you get when you accidentally hold down the Shift key when you try to create brackets”. If you`re not sure what kind of parentheses to use, ask yourself: Can I find the right report without the year? One use of # that I found interesting and that has not yet been addressed in this discussion is: “An international standards body officially called the symbol # `square` in 1989.

That`s why British Post and British Telecom call the symbol a square. If square brackets are accidentally left in a completed document, the document should be interpreted in accordance with the general principles of treaty interpretation. An article in the U.S. publication The Atlantic noted that the draft treaty contained “well over 1,000 square brackets.” The parentheses are perfectly correct in British English, but sound a bit academic to our ears. Old simple “hooks” are much more common. I write a lot of books for the U.S. and publishers in the U.S. always change my “parentheses” to “parentheses.” I have never heard the word “parentheses” either. Ah, WordPress ate my hooks, that would be . Lawyers use square brackets to indicate that the wording is incomplete, uncertain or not yet agreed, but has no particular meaning or status.

Other series of legislative reports publish only one volume per year and are numbered consecutively. In these circumstances, you don`t need the year to find the right volume because the volume numbers are unique, so the year is in parentheses. For example: It goes without saying that it is important to have a clear, complete and consistent contract in place. While this helps to reduce uncertainty and therefore the risk of litigation, it is not uncommon to come across contracts that have been entered into hastily and without sufficient consideration. Some recent decisions remind us of the importance of concluding the treaty well. Well, you certainly learn something every day, in my case, even at the age of 67. Since I`ve never used these “hooks” before, or even really aware of them, I just discovered that they`re both inviting on my keyboard – so there you have it, [ ] wha-hey! However, to repeat other posters, in the UK, the parentheses are the same as the parentheses, only posher. The judge saw no reason to ignore the brackets, especially since ordinary hooks were used in several places. He therefore considered that the insertion of text in square brackets should be intentional. In his view, their use meant that the reference to RICS was intended to suggest that it would be that organisation, unless another appointing body had been expressly mentioned elsewhere in the tender specifications.