plain language consider the reader keep needs of all readers in mind one word only not couplets or strings of words or clusters spelling and grammar take professional approach use of English not Latin or legalese use of provisos, conditions and qualifications use of short sentences use of technical terms structure of documents definitions different uses of deeds and agreements formal structure of deeds and agreements ordering contents in logical order outline plan of contents recitals signalling aids - paragraphs, headings, numbering, highlighting, marginal notes statutory documents including statutory declarations use of schedules, appendices and annexure aids for structuring sentences avoiding adjectival phrases drafting in clauses and sub-clauses proper use of grammar and punctuation use of brackets clarity of language active rather than passive voice avoiding ambiguity, vagueness and generality avoiding legalese avoiding sexism and racism concrete words v abstract words draft in positive rather than negative where possible present rather than future tense proper definition or time expressions proper use of verbs rules of construction and interpretation of documents operative parts ordinary natural meaning of words, the expressed intention rather than intention of parties ascertained from exterior (the literal meaning rule) reasonable construction to be preferred in case where ambiguous recitals statutory interpretation of documents taken to encompass whole agreement the document is to be read as a whole the document will be construed against the party responsible for choosing its language to express one is to exclude the other words of the same kind will restrict the general words to be constructed so that the object is carried out words to be interpreted to give some effect use of particular words causing problems and/ or either, or, each, all, any less than, more than other, otherwise shall, may, must, will rules and procedures for use of precedents and statutory forms apply analytical thought to purpose of document check for inconsistencies in style and repetitions if two or more precedents combined consider any changes in law since precedent created ensure special circumstances reflected and adapt to requirements of particular situation ensuring all topics covered know meaning of all terms used update regularly use a checklist terms of the contract terms of the contract and interpretation of document classification of terms: conditions, warranties, intermediate terms, conditions precedent, conditions subsequent distinction between representations and term entire agreement clauses exclusion or limitation clauses express terms implied terms, in particular terms implied by conveyancing and transfer of land statutes stipulations as to time (including 'time of the essence' clauses). penalties, termination and forfeiture clauses rules relating to deeds, including preliminary parts of a deed, recitals, operative parts and attestation statutory rules regarding construction of conveyance of any property beneficially to two or more persons together. |