Even
if drafting a clause for a contract is permissible, it's critical to be sure that the parties» intentions are made clear.
Not exact matches
So
if someone is
drafting a
clause that excludes their liability in very general terms, it is wise to ensure it is brought prominently to the notice of the other party.
I will not re-draft every
clause that I would normally write differently
if I were
drafting a contract from scratch.
If SMEs in five different practice areas prepare precedents in each of their specialties, you will likely find that common
clauses are
drafted differently.
If you are
drafting a contract, it may be a good idea to discuss including an arbitration
clause for dispute resolution with your contract lawyer.
Whether you are an employee or an employer,
if you have questions about
drafting or the enforcement of a probation
clause our employment lawyers would be pleased to assist.
Still, as such
clauses are not prohibited they can be included as a good family lawyer will
draft a marriage contract in such a way as to ensure that the rest of the contract survives, even
if the lifestyle
clause does not.
If a
clause is ambiguous, a court will construe the
clause in favour of the party that did not
draft it.
And
if he or she
drafted them for you, your lawyer is intimately familiar with the pertinent agreements and their
clauses.
Contract Standards is a wonderful resource
if you're stuck on
drafting a
clause and need somewhere to start.
For others, however, the Bill may be an unwelcome distraction from achieving comprehensive long - term reform, particularly
if a white paper and
draft clauses are in the offing.
Parties should consider including an appropriately
drafted non-reliance
clause, but this may not protect a party from an argument based on misrepresentation or estoppel
if there is clear evidence that one party gave a promise that was intended to be acted upon.
If, however, your agreements are all
drafted in the same way, with the same elements always appearing in the same order, with consistent
drafting of the
clauses contained within those elements, your
drafting will be both faster and more focused.
This would encourage landlords to draw up written agreements
if they want to be sure of including their own
clauses, but not tie up court time enforcing an unnecessary criminal law should they be negligent in
drafting the lease.