Description

Legal Writing & Drafting

 

1. What is legalese?

(2 marks)

1. What is the impact of plain English on Legal Writing and Drafting?

(3 marks)

1. “Passive voice is not forbidden; usually active voice is better and easier to understand.”

 

Redraft the following provisions of a contract in the active voice so as to better express the interests of the contracting parties.

 

1. i) All unshipped orders must be canceled by the supplier without liability

(2 marks) ii) Purchase orders can be submitted to the company by facsimile, first-class mail, postage prepaid, or other electronic means

(2 marks) iii) Reasonable efforts to promptly check delivered products for defects will be used by the Distributor and the Manufacturer will be notified of any discovered defects.

((2 marks) iv) This agreement and the rights and obligations under this agreement may not be assigned, delegated, or transferred by either party without the prior written consent of the other party.

(2 marks)

1. v) The following statements are made by the Manufacturer to the Distributor:

 

1. The Manufacturer has the right and lawful authority to enter into this Agreement; and

 

1. The execution, delivery, and performance of this agreement by the Manufacturer will not cause or require it to breach any obligation to or agreement or confidence with any other person or entity.

(2 marks)

 

 

ATP 103 Legal Writing & Drafting - Nov 2012-1-2