Skip to content

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

Rohan is preparing a lease deed. He uses the term 'Lessee' in the opening, 'Tenant' in clause 3 and 'Occupier' in clause 7, all for the same person. What is the likely consequence under accepted drafting rules?

Using different terms for the same person risks suggesting different persons or meanings. The drafting rule of consistency requires that a term, once chosen or defined, is used in the same sense throughout the document, which avoids ambiguity and interpretation disputes.

  1. AIt shows variety and improves readability
  2. BIt is required so each clause stands alone
  3. CIt creates a risk that different persons or meanings may be inferred, so one term should be used consistentlyCorrect
  4. DIt has no effect because courts always treat them as identical

Explanation

A basic rule is consistency in terminology: once a term is chosen or defined, it should be used for the same meaning throughout. Varying terms can suggest different persons or rights, and courts may not treat them as identical.

Did you get it right without looking?

One question tells you little. A timed set on General Principles of Drafting shows your real accuracy, how long you take and where you lose marks.

Practise General Principles of DraftingFree diagnostic mock

More General Principles of Drafting questions