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

A lease deed drafted for Mehta & Sons states 'The Lessee shall maintain the premises and fixtures, fittings or equipment.' A dispute arises whether 'fixtures' alone or all three items are covered, because the phrase mixes 'and' with 'or'. Which drafting lapse caused this?

The ambiguity arises from careless use of the conjunctions 'and' and 'or' in one list, leaving it unclear whether the items are cumulative or alternative. Good drafting uses a single conjunction or sub-clauses so every item's treatment is unmistakable and disputes over scope are avoided.

  1. AExcessive use of defined terms
  2. BUse of the active voice
  3. CAmbiguity from careless use of conjunctions 'and' and 'or'Correct
  4. DUse of plain English instead of archaic words

Explanation

Mixing 'and' and 'or' in one list leaves it unclear whether items are cumulative or alternative. A careful drafter picks one conjunction or restructures the list with sub-clauses. The other options are accepted good practice and do not cause ambiguity.

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