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

A draft shareholders' agreement for Narmada Foods contains very long sentences, repeated synonyms such as 'null and void' and 'terms and conditions', and archaic words like 'hereinbefore'. Which revision best reflects modern drafting style?

The best revision is to use short, clear sentences in plain language and drop needless doublets and archaic words. Modern drafting aims for clarity and precision together, whereas piling up synonyms or lengthy sentences increases bulk and ambiguity without adding legal certainty.

  1. AAdd more synonyms to cover every possible meaning
  2. BUse short, clear sentences in plain language, avoiding needless doublets and archaic wordsCorrect
  3. CReplace all defined terms with pronouns
  4. DUse longer sentences so no clause is omitted

Explanation

Modern drafting favours clarity, brevity and plain language while keeping precision. Needless doublets and archaic words add bulk without meaning, and long sentences breed ambiguity. Pronouns instead of defined terms and extra synonyms would reduce certainty.

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