Legal Drafting by Chartered or Certified Accountants, Clerks or Estate Agents.

Drafting a legal document is a very specialized job which is not taken seriously at all. In this copy, paste and template culture the problem has become worst. To draft a legal document, the draft-man must have knowledge of legal requirements and ability to read the document. By reading means, the manner in which it would be read in a court of law. Reading a document is based on principles of interpretation. These principles differ for different documents and sometime for different clauses of same document.

This is the title deeds for the Duke of Exeter.

This is the title deeds for the Duke of Exeter. (Photo credit: Wikipedia)

Principles of interpretation

Broadly any clause in a document can be read in three ways:
1. Strict or literal construction;
2. Liberal or objective construction;
3. Moderate or harmonious construction
Apart from above macro classification, different laws have its own specific requirements. Some require Formal deed some do not insist on formality. Contrary to popular belief ordinary law of contract in India and most of the countries, do not require a signed contract, for most of transactions.

Accountants, Clerks and Estate agents Continue reading