Legal Drafting 1

Question 1

Good Drafting

Answer 1

Preparation and research

Planning

Drafting

Checking

Question 2

Preparation and research

Answer 2

Taking instruction - Get everything you need to know

Research the relevant law

Question 3

Planning

Answer 3

Common structure

Commencement

Date

Parties

Recitals
Repeats used to re-introduce key facts

Operative part
Commercial agreement
Conditions precedent (conditions satisfied before agreements come into force)
Agreements - rights and obligations
Representations and warranties - Statements about factual and legal matters which one of the parties requires to be made in a legally binding way
Boiler-plate clauses -

Testimonium -
Introduces signatures

Schedules
- avoid breaking continuity of the document

Execution and attestation -
signatures of the parties and other formalities necessary.

Question 4

Order

Answer 4

Chronological

Categorical
sets out duties and responsibilities in categories

Order of importance

Question 5

Structuring a clause

Answer 5

Use a separate clause for each separate matter

Use sub-paragraphs

Number each clause and sub-clause

Give each clause or group of clause a heading (e.g. tenants covenants).

George Coode -
Circumstances / exceptions (where right exists or does not)
where, if, then
except where, save where

Conditions (on which rights depends)
if
provided that

Obligation or right (who must do what or who may do what).

Question 6

Online precedents

Answer 6

Parkers Will Precedents

Kellys Draftsman

Atkins courts form

Encyclopaedia of Forms and Precedent

Question 7

Definitions

Answer 7

‘Boat’ means _____

Use capitals

Question 8

Safe words to use for deadlines

Answer 8

from but excluding

from and including

on or after

on or before

within a period of 7 days commencing with

until but excluding

until and including

Question 9

Discretions or obligations