Int. J. Private Law, Vol. 4, No. 3, 2011 329 Copyright © 2011 Inderscience Enterprises Ltd. Plain language and assessment of plain language Philip N. Stoop Department of Mercantile Law, College of Law, University of South Africa, P.O. Box 329, Muckleneuk, Pretoria, 0003, South Africa E-mail: stooppn@unisa.ac.za 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. Keywords: plain language testing; South Africa; contract; procedural fairness; usability testing; plain language; private law. Reference to this paper should be made as follows: Stoop, P.N. (2011) ‘Plain language and assessment of plain language’, Int. J. Private Law, Vol. 4, No. 3, pp.329–341. Biographical notes: Philip Stoop completed his BCom, LLB and LLM degrees, all cum laude, at the University of Pretoria. He completed his LLM degree in 2008, the same year in which he started working as a Lecturer at the University of South Africa, School of Law. In 2009, he was appointed as Senior Lecturer. His areas of speciality are consumer protection and contract law. 1 Introduction “In the heels of the haggling lawyers, Bob, Too many slippery ifs and buts and howevers, Too much hereinbefore provided whereas, Too many doors to go in and out of.” 1 Plain language is a valuable tool that can be applied in order to proactively promote procedural fairness in the law of contract. A consumer can therefore be placed in a better position to protect his own interests. In most legal systems, the use of plain language is