CS Professional · Drafting, Pleadings and Appearances · Types of Documents
Rohan drafts a rent agreement that names the landlord and tenant, describes the flat, and states the rent, but leaves out the term of tenancy and the date of commencement, so a dispute arises over duration. Which essential feature of a well-drafted legal document has Rohan mainly neglected?
Rohan neglected certainty and completeness. A legal document should state all material terms, such as duration and commencement, clearly so that rights and obligations can be determined from the document itself. Missing the tenancy term creates ambiguity and invites disputes, regardless of language style or stamp value.
- AUse of archaic legal language
- BCertainty and completeness of the termsCorrect
- CAddition of a long recital of the parties' history
- DUse of a stamp paper of higher denomination
Explanation
A legal document must be clear, certain and complete so that the rights and obligations of parties can be ascertained from it. Omitting the tenancy period and commencement date leaves a material term uncertain. Archaic language, long recitals or higher stamp value would not cure that defect.
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