The principle points that need to be observed when drafting agreements

1. DRAFTING OF AGREEMENTS
Ajithaa Edirimane, LLB MLB
Attorney-at-Law & Notary Public
COPYRIGHT Ajithaa Edirimane - No part of this slide
presentation shall be copied or extracted or used in
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ajithaa2001@yahoo.com

2. Features of a well drafted Agreement
 Clear and concise
 Well organized
 Logical numbering of paragraphs
 Readable and understandable
 Internally consistent with certainty of meaning
 Simple while expressing the intention of parties
 Accurately reflects the agreement the parties have reached.

3. Basic parts of an Agreement
 Title ( in capital letters)
 Date
 Parties
 Recital
 Valuable consideration
 Definitions
 Body of the Agreement
 Interpretations (i.e. Headings and
Language)
 Boiler plate clauses
 Schedules
 Testimonials and attestations
 Signatures and seals

4. Details and Information necessary to draft
an Agreement
 What does the drafter hope to achieve?
 Who are the parties to the agreement?
 What is the subject matter and nature of the agreement?
 From when will the agreement take effect?
 What does the other party reasonably hope to have included in
the agreement?
 What are issues and concerns of the parties to the agreement?

5. Legal issues
 Offer and acceptance
 Valuable consideration
 Capacity to contract
 Certainty of subject
matter and terms
 Due diligence tests
 Rule of Contra
Proferendum