Today I’m going to tell you 10 Contract Drafting Tips, that you must be knowing if you are a Law Student! A perfect contract can be made when you draft it with perfection undertaking due diligence. The written contract is drafted in the cases of smaller agreements to bigger ones. The oral agreements also have written contracts although the oral and written agreements have the same importance and validity. It is found that oral agreements are hard to prove therefore it is often preferred to turn them into a written contract.
A written agreement is much less risky than a verbal agreement as the document contains the specified details of both parties, obligations, and also their rights on confusion or a case of disagreement arises. However, it is very crucial to draft a contract properly to reflect the true purpose of the agreement. There are 10 Contract Drafting Tips, you should know about Contract Drafting.
Tips for contract drafting
Hence, here are the following 10 tips for contract drafting that ensures to form of a competent and well-authorized contract –
- One can use simple language rather than a complex one:
The contract shall be made like the documents on litigation. It shall be formulated in plain and simple language and the legal jargon is preferably avoided. As adding of the legal words would confuse or lead to an incapability to understand by the public. The ultimate objective shall be that even a normal layman shall understand the contract by reading.
- Diligence in the usage of words like Shall, Will, and May:
Each word shall be used in the right way and right place. The specific words like Shall, will, and may must be used with due care. The term “shall” can be used while refer to an obligation to be completed by a party. The word “shall” is assumed to be used incorrectly when it is not preceded by the party. Whereas the term “will” is been used to establish future consequences of events and circumstances that do not obligate the parties. Also, the term “may” is interpreted by the court as a permissive or discretionary term unless it is indicated by the context.
- Sentences shall be formed in Active Voice and the Core shall be given importance inevitably:
The sentences formulated in the active voice are understandable therefore the contracts written in the active voice are generally easier to read. Because contracts obligate parties to take action, the active voice is especially preferred. In using active voice, it is helpful to keep the “core” of the sentence together. Here “core” reflects the sentence’s subject, verb, and object. The break between the subject and verb or between the verb and object with clauses and phrases shall be avoided.
- Shall take care of Modifier Placement:
A modifier is a phrase or clause that changes the meaning of another part of a sentence. Modifiers are used frequently in contract provisions.
- Verbs must not try to enfold:
In contract drafting, try not to use abstract nouns at the expense of verbs. This is often called “burying” the verb. Buried verbs allow you to avoid naming the actor like the use of the passive voice sometimes does.
- Consistency in the usage of words:
Unlike non-legal writing, where the authors aim to vary their language to make for more interesting prose the Contract drafters, must avoid variation and inconsistency while contract drafting. Maintenance of consistency prevails over avoiding the repetition of the words.
- The Gender-Specific Language shall be avoided:
Gender-specific language could distract or be offensive or mislead the readers The gender-specific language can be avoided by using a plural noun or repeating the noun.
- Effective use of Sections and Sub-Sections:
An easy way you can add clarity to a contract is to use sections and subsections effectively. Mentioning the effective part of the section or the Sub-Sections is also a good method.
- Usage of shorter sentences:
Must try to use as shorter sentences as possible and must comprise the matter more shortly and simply so that it could be easily read and understood by the normal man too.
- The real purpose of the agreement shall be reflected without any flaws;
The most significant aspect of contract drafting is that the real purpose of the agreement must be specifically mentioned and there shall not be any confusion or errors arising in such case.
Therefore, these are the tips that one could for while contract drafting to draft it in the best way.
Thank you! ’10 Contract Drafting Tips: You Must Know! (Beginners Guide)’ now you don’t have to spend hours in searching for Contract Drafting anymore. We have everything you need to know about Contract Drafting.
This article on ‘10 Tips For Contract Drafting‘ was written by Sai Srinija, an intern at Legal Upanishad.