One of the common complaints about lawyers by the public is that “legalese” makes it impossible to understand the clear intent of parties to a contract. The public believes that “magic language” exists in contracts and that failure to comply with makes a contract invalid or a will have no effect.
This type of belief is not good for the legal justice system. There is a movement to make the law more accessible for the public at large. For example, jury instructions are being modified to “clear language” for jurors. Small claims courts do not require an attorney to represent a party. And there is more.
But, there are times when strict adherence to precise language is still necessary for a contract to have effect under Indiana law and one of those situations involves “waiver of the right to sue” often found in leases and other membership contracts.