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

Meridian Traders' draft deed of assignment says 'the Assignor shall transfer the rights to him and his heirs' but the Assignor is a partnership firm, and the clause later refers to 'the said Company'. Which combination of errors is present, and what is the right precaution?

The draft wrongly and inconsistently describes the Assignor as an individual, a firm and a company. The right precaution is to verify each party's name, status and capacity from the documents and use one consistent description throughout the deed.

  1. AExcess of recitals; remove all recitals
  2. BWrong description and misuse of parties' identity; verify party details, status and capacity and use one consistent description throughoutCorrect
  3. COveruse of Latin terms; replace them with Hindi words
  4. DMissing attestation; add two witnesses only

Explanation

The same party is described as an individual ('him', 'heirs'), a firm and a company. This is an error in identifying parties and capacity. The drafter must verify status from documents and use one consistent description for each party.

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