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Exercises from LEGAL WRITING IN PLAIN ENGLISH, Bryan A. Garner

§ 37. Replace and/or wherever it appears.

Exercises

Basic

Edit the following sentences to remove and/or:

  • AmCorp and Havasu have the sole right to use inventions covered by this Agreement and to obtain patent, copyright, and/or trade-secret protection or any other form of legal protection for the inventions.

  • Immediately upon notice from Licensor, Licensee must discontinue the printing and/or manufacture of licensed items at every print shop and/or the making of those items.
  • No change, waiver, and/or discharge of this Agreement is valid unless in a writing that is signed by an authorized representative of the party against whom the change, waiver, and/or discharge is sought to be enforced.
  • The settlement is binding on all the creditors and/or classes of creditors and/or on all the stockholders or classes of stockholders of this Corporation.

Intermediate

Find three cases in which courts have criticized the use of and/or. Quote and cite the relevant passages.

Advanced

In state statutes or regulations, find three sentences in which and/or appears. Retype them, providing citations, and then edit them to remove and/or without changing the original drafter's meaning. If you're part of a writing group or class, bring a copy of the before-and-after versions for each colleague. Be prepared to discuss your edits.


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© 2001, Bryan A. Garner

These exercises appear in Bryan A. Garner's Legal Writing in Plain English: A Text with Exercises, published by The University of Chicago Press and available at bookstores and on the Web at www.press.uchicago.edu.


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