How the Right Words Guard Against Legal and Commercial Risks

In today’s fast‑paced business environment, a single phrase can become the hinge on which a contract, a partnership, or a reputation turns. Whether you’re drafting an email, a proposal, a service‑level agreement, or a marketing tagline, the words you choose shape expectations, allocate risk, and signal intent. Mis‑worded statements, however, innocuous they may seem, can open the door to misunderstandings, disputes, and even litigation.

Below is a practical guide that blends linguistic clarity with legal foresight. It shows why precise phrasing matters, illustrates common pitfalls (like “trying hard” versus “hardly trying”) – a real-life example from one of my litigation cases, which my client, the plaintiff of the case, was very lucky when the presiding judge at the final hearing of the case was of the opinion that the “intention” should be at the heart of communication than the literarily meaning of it.

At the centre of a multi-million Euro trade dispute we had to prove that a mis-worded communication was meant differently than it was actually written as … we are “hardly trying” to meet the final shipping deadline in two weeks while the sender intended to state that, … we are “trying hard” to meet the final shipping deadline! Luckily, there were additional communication and meeting notes, which could be presented as evidence of the real intention of the mis-worded email. There were additional emails and meeting notes such as “we are trying hardly to deliver in two weeks instead of three to meet the final shipping date by adding additional men (actually women workers) and machines on the manufacturing floor immediately”.

Considering the whole circumstances the presiding judge accepted our argument as valid and ruled in favour of our client, the plaintiff. Had the judge interpreted the communication literarily, my client would have suffered significant loss of revenue pushing them to the brink of bankruptcy of a second generation ready-made garment factory in Bangladesh, which almost exclusively produce for top European clothing brands.

Why Word Choice Matters in Business

Impact Area	What Happens When Language Is Vague	Benefit of Precise Language
Contractual Obligations	Ambiguous terms can be interpreted differently by each party, leading to breach claims.	Qualified language (“subject to reasonable efforts”) limits exposure to what you can realistically control.
Risk Allocation	Broad statements (“we will do our best”) may be read as guarantees, exposing you to liability.	Qualified language (“subject to reasonable efforts”) limits exposure to what you can realistically control.
Brand Reputation	Sloppy phrasing can appear unprofessional, eroding trust with clients and partners.	Consistent, polished messaging reinforces credibility and strengthens relationships.
Regulatory Compliance	Misleading or overstated claims can trigger regulator scrutiny (e.g., advertising standards).	Accurate descriptors keep you on the right side of consumer‑protection rules.

Lessons learned

Although English is widely used in business communication in Bangladesh it is still a foreign language for most of the people. Therefore, the risk of mistakes, miscommunication and misunderstanding is unavoidable. A more conscious choice and precise use of words in communication, however, can reduce such risks substantially.

Final words of a judgment is never 100% predictable until it is really signed off by the judge. Therefore, never guess outcome of a case before it has been dealt with professionally and fought hard at the court of justice.

If you are unsure about merits of your case let’s talk about it.