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firm:drafting:legal-instruments [2025/09/29 16:43] – adminfirm:drafting:legal-instruments [2025/09/29 17:21] (current) – admin
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 Typically, the text begins with an interpretation section. This section may be a single section without sub-sections. Typically, the text begins with an interpretation section. This section may be a single section without sub-sections.
 +
 +==== Style ====
 +
 +The most important stylistic element in plain-language drafting is use of a basic sentence structure: subject-verb-object (SOV). That is the appropriate structure for sentences that create obligations. It is a natural form of speech that English-speakers intuitively understand. The actor, a subject, acts by means of a verb upon the object. Use this sentence structure to create most if not all clauses in a legal instrument.
 +
 +"Style" in this context also refers to the use of appropriate grammatical conventions, some of which are detailed in [[firm:drafting:style-guide|this wiki]].
 +
 +===== Drafting conventions =====
  
 ==== Definitions ==== ==== Definitions ====
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 ''18. (1) Definitions should be used sparingly since they alter the meaning of terms that may be inadvertently read without appreciating the definitions. They should be used only for the following purposes: '' ''18. (1) Definitions should be used sparingly since they alter the meaning of terms that may be inadvertently read without appreciating the definitions. They should be used only for the following purposes: ''
-''(a) to avoid doubts about the application of a term or to delimit its application;''  
-''(b) to avoid excessive repetition; '' 
-''(c) to allow the use of an abbreviation; '' 
-''(d) to signal the use of an unusual or novel term.''  
  
-==== Style ====+''a. to avoid doubts about the application of a term or to delimit its application;'' 
  
-The most important stylistic element in plain-language drafting is use of a basic sentence structure: subject-verb-object (SOV). That is the appropriate structure for sentences that create obligations. It is a natural form of speech that English-speakers intuitively understand. The actor, a subject, acts by means of a verb upon the object. Use this sentence structure to create most if not all clauses in a legal instrument.+''b. to avoid excessive repetition; ''
  
-"Style" in this context also refers to the use of appropriate grammatical conventions, some of which are detailed in [[firm:drafting:style-guide|this wiki]].+''c. to allow the use of an abbreviation; '' 
 + 
 +''d. to signal the use of an unusual or novel term.'' 
  
-==== Drafting principles ====+These guidelines apply as much to contract drafting as to legislative drafting. They limit the use of definitions to cases of clear ambiguity or altering the common meaning of a word or phrase such that it bears a meaning specific to the contract.
  
 +Definitions are located in either a general or specific definitions section. 
  
 +  * A general definitions section appears in Part I, section 1 of the contract. This section will set out any definition that applies to the entire agreement or that may affect the entire agreement. 
 +  * Specific definitions are appear as interpretation sections that begin parts of the contract or as sub-sections in sections. These definitions will, as their name suggests, relate only to parts or sections of the agreement. 
 +  * The decision to create specific definitions may be made when a limited part of the contract requires a departure from a word or phrase's common meaning. In such cases, the reader will benefit from a definition that appears close to the rule that requires the definition.
  
 ===== Common clauses ===== ===== Common clauses =====

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