Plain language and assessment of plain language
by Philip N. Stoop
International Journal of Private Law (IJPL), Vol. 4, No. 3, 2011

Abstract: Plain language is a valuable tool that can be applied in order to proactively promote procedural fairness in the law of contract. It also places a consumer in a better position to protect his own interests. In most legal systems, the use of plain language is compulsory, owing to the focus on transparency and openness and the requirements of procedural fairness. In South Africa, however, no objective guidelines have been published in order to proactively assess whether a document is really written in plain language. In this paper, the South African provisions regarding plain language are critically discussed; the lack of objective guidelines and testing mechanisms is pointed out and suggestions are made with reference to plain language provisions and the testing mechanisms applied in other countries. Some of the methods of testing are discussed and their suitability is pointed out from a South African perspective.

Online publication date: Sat, 28-Mar-2015

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