Explain the following: Guidelines for use of a particular 'words and phrases' in drafting.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2019
Explain the following: Guidelines for use of a particular 'words and phrases' in drafting.

Answer & Explanation:

The draftsman must be cautious about the appropriate use of the words and should be clear of its meaning. The following rules may be prescribed for the guidance of the draftsman for using any particular word and phrase in the drafting of the documents: For general words refer to ordinary dictionary for ascertaining the meaning of the words. For example, Oxford Dictionary or Webster's Dictionary or any other standard dictionary may be referred to for this purpose. For legal terms refer to legal dictionary like Wharton's Law Lexicon or other dictionaries of English Law written by eminent English Lexicographers as Sweet Cowel, Byrne, Stroud, Jowit, Mozley and Whiteley, Osborn etc. In India, Mitra's Legal and Commercial Dictionary is quite sufficient to meet the requirements of draftsman. As far as possible current meaning of the words should be used and if necessary, case law, where such words or phrases have been discussed, could be quoted in reference. Technical words may be used after ascertaining their full meaning, import of the sense and appropriate use warranted by the circumstances for deriving a technical or special meaning with reference to the context. The choice of the words and phrases should be made to convey the intention of the executor to the readers in the same sense he wishes to do. The draftsman should also use at times the recognised work of eminent legal expert on the interpretation of statutes.

Topics: Drafting Principles

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