I recently drafted a liability waiver. The waiver clearly stated why - in the first paragraph - there is a risk of loss.
This doesn't sound very ground-breaking but I wish more lawyers drafted contracts that clearly state why the legal language to follow is necessary. What is the object of the contract? Too few contracts have appropriate recitals/explanations of risk in plain language.
Whether it's code or contracts, the key is to make something (assuming it's important enough) that will make sense to another programmer/businessperson/judge years down the line.