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

A supply agreement between Arjun Traders and Bharat Foods says 'the Buyer shall pay within 30 days' but nowhere defines from when the 30 days run. A dispute arises. Which defect in drafting is this?

This is ambiguity caused by omitting a reference point. The clause states a 30-day period but not the event from which it runs, such as invoice or delivery date, so it can be read in several ways. A well-drafted clause fixes the starting date precisely.

  1. AAmbiguity from an omitted reference point for computing timeCorrect
  2. BPatent redundancy through tautology
  3. CExcess use of defined terms
  4. DUse of the active voice

Explanation

The period of 30 days has no starting event such as date of invoice or date of delivery, so the clause admits more than one meaning. This is ambiguity caused by omission. Tautology means needless repetition, which is not the issue, and active voice is a recommended style rather than a defect.

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