CS Professional · Drafting, Pleadings and Appearances · General Principles of Drafting
While drafting a lease deed, a company secretary writes 'the Lessee shall pay rent promptly' without stating any amount, date or mode of payment. Which drafting error does this most directly illustrate?
The error is vague and ambiguous language. Saying rent is payable 'promptly' without amount, due date or mode leaves the obligation uncertain, which can lead to disputes. Sound drafting states precise, certain terms so that only one meaning is possible.
- AUse of vague and ambiguous language instead of precise termsCorrect
- BExcessive use of defined terms
- CUse of the active voice
- DInclusion of a recital
Explanation
'Promptly' leaves the amount, due date and mode uncertain, which invites disputes over interpretation. Good drafting requires precise, certain terms. Active voice and recitals are not errors.
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