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

Deepak drafts a supply agreement for Bharat Agro Ltd. It is well written but he does not verify the legal capacity of the counterparty, a newly formed entity, or the authority of its signatory. Later the counterparty denies liability. Which statement best reflects the lesson on the importance of drafting?

Even a well-worded document can fail if the draftsman overlooks legal requirements like the counterparty's capacity and its signatory's authority. Drafting combines legal knowledge with language skill, so verifying the parties and applying the law to the facts is part of the draftsman's responsibility.

  1. AA well-phrased document may still fail if the draftsman ignores underlying legal requirements such as capacity and authorityCorrect
  2. BGood language alone always makes a document enforceable
  3. CCapacity and authority concern only the court, not the draftsman
  4. DVerification of parties is needed only for documents requiring registration

Explanation

Drafting is not mere writing skill; it demands applying law to facts, including checking capacity and authority of parties. Good language cannot cure a legal defect in the parties' power to bind themselves. Hence the draftsman's duty includes verifying these matters.

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