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

Meera, a company secretary, is drafting a supply agreement for Kaveri Foods Pvt Ltd. Her draft uses 'the Buyer' in one clause, 'the Purchaser' in another and 'the Customer' in a third, all meaning the same party. Which drafting principle has she breached?

She has breached the principle of consistency of terms and expressions. A draft should use one defined word for one party or concept throughout, because different labels for the same party can lead to ambiguity and disputes about whether different persons or roles were intended.

  1. AConsistency of terms and expressionsCorrect
  2. BUse of the active voice
  3. CBrevity of sentences
  4. DUse of headings and sub-headings

Explanation

A good draft uses the same word for the same person or thing throughout. Using three labels for one party invites an argument that three different parties or roles were intended. The other conventions are not the issue in this fact pattern.

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