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CS Professional · Drafting, Pleadings and Appearances · General Principles of Drafting

A client asks why a company secretary should spend time preparing a carefully drafted contract when the parties already trust each other. Which reply best explains the importance of drafting?

Careful drafting records the agreed terms clearly and gives the parties dependable evidence if their relationship or memories change later. It fixes rights and duties in advance, so trust alone is not a substitute. Registration is not required for every contract.

  1. AA written, carefully drafted document records the agreed terms and serves as reliable evidence if relations later changeCorrect
  2. BTrust makes written terms unnecessary in every commercial deal
  3. CDrafting is useful only to increase the length of the document
  4. DA draft is important only because courts insist on registration of all contracts

Explanation

A well-drafted document records the parties' intentions, fixes rights and duties and provides evidence later if trust breaks down. Registration is not required for all contracts, and length is not a purpose of drafting.

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