Have You Ever Suffered From Formitis?

Formitis [form – eye – tis] To cling blindly and unwaveringly to a document while ignoring reality.

OK – I made that up – but lawyers and clients often get frustrated when the other party to a document steadfastly refuses to change something that makes no sense. It may be presented as a standard form they can’t change, or that their corporate policy dictates that form be used, or they may be reluctant to get legal or senior business advice. On the other hand, the person resisting the change may just be lazy and not want to deal with it.

I’m talking about substantive terms that clearly don’t belong in the context of the actual business arrangement. For example, a US buyer who refuses to remove a clause requiring a Canadian manufacturer to comply with US labour and environmental laws.

Forms and standard contracts are great tools – but don’t be a slave to them.