Module 4 Important Tips to Draft a Contract

Module 4 Important Tips to Draft a Contract

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  IMPORTANT TIPS TODRAFT A CONTRACT LEGAL DRAFTING I0I © 2012- 17 | ROSTRUMLEGAL.COM
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  IMPORTANT POINTS… 1. Preparean Outline… Before drafting the contract you should make sure to prepare an outline of the upcoming contract. This outline is like a blueprint which includes all the things the contract should contain. The outline should be prepared in continuous discussion with the client because the client only knows the factual situation which you are going to convert into a contract. © 2012- 17 | ROSTRUMLEGAL.COM
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  IMPORTANT POINTS… 2. AvoidLegalease… Use Plain English Legalese is a language containing an excessive amount of legal terminology. Now that you have started preparing the contract you have to make sure to use plain language because it’s not necessary that the person for whom the contract is made is well versed with complex legal terms. The use of jargon should be avoided to keep the provisions clear and simple to understand by the reader. Use of sexist language should also be avoided. © 2012- 17 | ROSTRUMLEGAL.COM
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  IMPORTANT POINTS… 3. DefineImportant Terms The preliminary part of the contract should contain a definition clause. This section of the contract should include the definitions of all the important terms which are used in the contract. This section can be prepared after preparing the rest of the contract and the important terms can be defined later in this clause. The contract should also specify the name and other necessary details of the parties in the beginning itself. Consistency should be maintained in the use of definitions throughout the contract. E.g. If the first party is defined as ‘buyer’ then the term should be used throughout the contract. © 2012- 17 | ROSTRUMLEGAL.COM
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  IMPORTANT POINTS… 4. WritingNumbers If you are using numbers in the contract to describe certain things like age, amount of money etc. use both numeric and alphabets to do so. © 2012- 17 | ROSTRUMLEGAL.COM
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  IMPORTANT POINTS… 5. Proofreadthe final draft. Twice! Proof reading should be done to figure out and correct the typo errors. Also check and make sure that the important provisions of the contract are properly framed and convey an unambiguous meaning to the reader. If possible, try to print and proof read the contract. You can also request your associates to read the draft once to know if certain provision is unclear. © 2012- 17 | ROSTRUMLEGAL.COM
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