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

Ravi, a company secretary, is asked to prepare a lease deed for Sunrise Textiles Ltd. He first collects the facts, identifies the parties and the purpose of the lease, and only then begins writing. Which feature of good drafting does this sequence best illustrate?

Gathering facts, identifying parties and understanding the purpose before writing shows that drafting must be based on a clear grasp of the facts and the legal object to be achieved. Blind copying, vagueness or archaic wording do not reflect good drafting practice.

  1. AWriting the document only after understanding the facts and the legal object it must achieveCorrect
  2. BUsing archaic expressions to give the document a formal tone
  3. CCopying an old precedent without changing any particulars
  4. DLeaving the operative terms vague so that the parties may decide later

Explanation

Drafting is the art of expressing legal rights, duties and intentions in precise written form. This requires first understanding the facts, parties and purpose. Copying precedents blindly or leaving terms vague defeats the purpose of drafting.

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