CS Professional · Drafting, Pleadings and Appearances · General Principles of Drafting
While drafting a lease deed for Arjun Traders, the draftsman writes in clause 3 that rent is Rs 40,000 per month, but the schedule at the end states rent as Rs 45,000 per month. Nobody noticed before signing. What is the most appropriate precaution that should have been taken?
The appropriate precaution is a thorough proofreading and cross-checking of all clauses, schedules and annexures so figures and references agree. The rent mismatch is an internal inconsistency, and only a systematic final review before execution would have caught and corrected it.
- AAdd more recitals about the history of the property
- BProofread and cross-check the operative clauses against schedules and annexures for internal consistencyCorrect
- CReplace the figures with words only in the schedule
- DDelete the schedule and rely on the clause
Explanation
The problem is an internal inconsistency between the clause and the schedule. The standard precaution is a careful final review that cross-checks figures and references across the whole document. Adding recitals or changing only the schedule's format would not detect or resolve the conflict.
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