On the basis of Maximum marks from a chapter Nil
On the basis of Questions included every year from a chapter j
On the basis of Compulsory questions from a chapter jjj
1 General Principles
of Drafting-I
This Chapter Includes : Rules for drafting; use of appropriate words and
expressions; aids to clarity and accuracy, legal implications and
requirements.
Marks of Short Notes, Distinguish Between, Descriptive & Practical Questions
SHORT NOTES
2005 - Dec [7] (b) Write short notes on the following:
Question upto Dec - 2008 are from CS Final Gr. I Old Course and from June
- 2009 onwards are from CS Professional Programme New Course.
2.1
2.2 Solved Scanner CS Prof. Prog. M - I Paper 2
(ii) Fowler's five rules of drafting. (3 marks)
Answer :
Fowler’s Five Rules of Drafting : As per “anyone who wishes to become
a good writer should endeavour, before he allows himself to be tempted by
more showy qualities, to be direct, simple, brief, vigorous and lucid.”
The principle referred to above may be translated into general in the
domain of vocabulary as follows:
(a) Prefer the familiar word to the far fetched (familiar words are readily
understood).
(b) Prefer the concrete word to the abstract (concrete words make meaning
more clear and precise).
(c) Prefer the single word to the circumlocution (single word gives direct
meaning avoiding adverb and adjective).
(d) Prefer the short word to the long (short word is easily grasped).
(e) Prefer the Saxon word to the Roman (use of Roman words may create
complications to convey proper sense to an ordinary person to
understand).
(f) Always prefer active voice to the passive voice in the drafting of
documents.
2008 - June [6] (b) Write a short note on 'covenants and undertakings'
(3 marks)
Answer :
Covenants and Undertakings : The term "covenant" is defined as an
agreement under seal, which stipulates for the truth of certain facts. In
Whasten’s Law Lexicon, a covenant has been explained as an agreement
or consideration or promise by the parties, by deed in writing, signed, sealed
and delivered, by which either of the parties, pledged himself to the other
than something is either done or shall be done for stipulating the truth of
ceratin facts. Covenant clause includes undertakings also. Usually, covenant
is stated first. In some instances the covenants and “undertaking” are mixed,
i.e. can not be separated in that case, they are joint together, words put for
this as "The Parties aforesaid hereto hereby mutually agree with each other
as follows." Such covenants may be expressed or implied.
2010 - Dec [5] Write notes on the following :
(ii) Replication (4 marks)
[Chapter # 1] General Principles of Drafting-I 2.3
Answer :
A written reply of the plaintiff by way of defense to pleas raised in the counter
affidavit/written statement from the defendant, is termed as a rejoinder or
replication. Such statements are subsequent pleadings as contemplated in
Order 8, Rule 9 of the Civil Procedure Code. Under Rule 9, leave of the court
is essential before any party can present a further pleading after the written
statement has been filed. The only subsequent pleading that may be filed
without the leave of the court is the written statement filed by way of defense
to a set-off or a counter-claim. It should be borne in mind that while filing a
rejoinder/replication, a party cannot be allowed to fill up gaps or lacuna in his
pleadings. Nor again can a party introduce new material facts or different
cause of action except in a case where subsequent to filing of the
petition/suit, the petitioner/plaintiff discovers new matters and accordingly
seeks leave of the Court to submit such further particulars in his pleadings.
2010 - Dec [7] (b) Write a note on ‘covenants and undertakings’. (5 marks)
Answer :
Please refer 2008 - June [6] (b) on page no. 14
2014 - June [4] Write notes on the following.
(v) Different meanings of ‘instruments’. (4 marks)
Answer :
Instrument: The word “instrument” has been interpreted in different
judgements by different courts with reference to the different enactments. As
such, the meaning of instrument has to be understood with reference to the
provision of a particular Act. For example, under Section 2(b) of the Notaries
Act, 1952, and Section 2(14) of the Indian Stamp Act, 1899, the word
“instrument” includes every document by which any right or liability is, or
purports to be, created, transferred, modified, limited, extended, suspended
extinguished or recorded.
The expression is used to signify a deed inter partes or a charter or a record
or other writing of a formal nature. But in the context of the General Clauses
Act, it has to be understood as including reference to a formal legal writing
like an order made under constitutional or statutory authority. Instrument
includes an order made by the President in the exercise of his constitutional
powers (Mohan Chowdhary v. Chief Commissioner, AIR 1964 SC 173).
“Instrument” includes awards made by Industrial Courts (Purshottam v.
2.4 Solved Scanner CS Prof. Prog. M - I Paper 2
Potdar, AIR 1996 SC 856).
“Instrument” does not include Acts of Parliament unless there is a statutory
definition to that effect in any Act (V.P. Sugar Works v. C.I. of Stamps U.P.
AIR 1968 SC 102).
A Will is an instrument (Bishun v. Suraj Mukhi AIR 1966 All. 563).
The word “instrument” in Section 1 of the Interest Act is wide enough to
cover a decree (Savitribai v. Radhakishna, AIR 1948 Nag. 49).
DISTINGUISH BETWEEN
2006 - June [7] (a) Distinguish between ‘contract’ and ‘conveyance’.
(5 marks)
Answer :
Contract Conveyance
(a) Any right of any action is not (a) It alters the ownership of existing
created in conveyance. right.
(b) Provisions of Indian Contract (b) Whereas it is governed by the
Act, 1872 governs any contract. Transfer of Property Act, 1882.
(c) Contract remains to be (c) Conveyance passes on the title
performed and its specific of property to another person.
performance may be sought.
(d) A contract to mortgage or sale (d) The deed of mortgage or sale
would not amount to activate would operate as conveyance of
thus per of interest in the such interest.
property.
2007 - Dec [6] (b) Distinguish between the following:
(iii) ‘Deed’ and ‘instrument’. (4 marks)
Answer :
Instrument : The word "instrument" includes every document by which any
right or liability is, or purports to be, created, transferred, modified, limited,
extended, suspended, extinguished or recorded.
Deed : The term deed describes all the instruments by which two or more
[Chapter # 1] General Principles of Drafting-I 2.5
persons agree to effect any right or liability. For example, Gift Deed, Sale
Deed, Deed of Partition, Partnership Deed, Deed of Family Settlement,
Lease Deed, Mortgage Deed and so on. A bond is also included in the wide
field of expression ‘Deed’.
A deed may be defined as a formal writing of a non-testamentary
character, which purports and operates to create, confirm assign, limit or
extinguish some right, title or interest.
2008 - Dec [8] (d) Distinguish between ‘drafting’ and ‘conveyancing’.
(3 marks)
Answer:
Distinction between drafting and conveyancing : Both the terms "drafting
and conveyancing" provide the same meaning although these terms are not
interchangeable. Conveyancing gives more stress on documentation much
concerned with the transfer of property from one person to another, whereas
"drafting" gives a general meaning synonymous to preparation or drafting of
documents, Documents may include document relating to transfer of
property as well as other "documents" in a sense as per definition given in
Section 3 (18) of the General Clauses Act, 1897 which include any matter
written, expressed or described upon any substance by means of letters
figures or mark, which is intended to be used for the purpose of recording
that matter. For example, for a banker the document would mean loan
agreement, deed of mortgage, charge pledge, guarantee, etc. For a
businessman document would mean something as demanded under Section
2(4) of the Indian Sale of Goods Act, 1930 so as to include a document of
title to goods i.e. "Bill of lading, dock warrant, warehouse-keepers certificate,
wharfingers certificate, railway receipt multi model transport document
warrant or order for the delivery of goods and any other document used in
ordinary course of business as proof of the possession or control of goods
or authorising or purporting to authorise, either by endorsement or by
delivery, the possessor of the document to transfer or receive goods thereby
represented". The Companies Act, 2013 defines vide Section 2(3b) the term
"document" in still wider concept so as to include "summons, requisitions
order, other legal process and registers, whether issued, sent or kept in
pursuance of this or any other Act, or otherwise". Thus, drafting may cover
all types of documents in business usages.
In India, the commercial houses banks and financial institutions have
2.6 Solved Scanner CS Prof. Prog. M - I Paper 2
been using the term "documentation". In substitution of the words "drafting
and conveyancing". Documentation refers to the activity which symbolises
preparation of documents including finalisation and execution thereof.
2009 - June [3] (a) Distinguish between the following :
(i) 'Conveyance' and 'contract'. (4 marks)
Answer :
Please refer 2006 - June [7] (a) on page no. 16
2011 - Dec [7] (b) Distinguish between the following:
(i) ‘Conveyance’ and ‘contract’. (3 marks)
Answer :
Please refer 2006 - June [7] (a) on page no.16
2013 - Dec [7] (b) Distinguish between the following:
(i) ‘Legal document’ and ‘instrument’. (3 marks)
Answer:
Legal Document:
(i) “Document” as defined in section 31(18) of general clause Act, 1894,
means any matter expressed or described upon any substance by
means of letters, figures or marks.
(ii) which may be used for the purpose of recording that matter.
Example:
A writing is a document.
Words printed, lithographed or photographed are document.
Instrument:
The word “instrument” includes every document by which any right or liability
is, or purports to be, created, transferred, modified, limited, extended,
suspended, extinguished or recorded.
2015 - June [7] (a) Distinguish between the following:
(i) ‘Drafting’ and ‘documentation’. (4 marks)
DESCRIPTIVE QUESTIONS
2006 - June [6] (b) Define and differentiate between the following terms :
(i) Instruments;
(ii) Document; and
[Chapter # 1] General Principles of Drafting-I 2.7
(iii) Deed. (10 marks)
Answer :
(i) Instrument : The word "instrument" includes every document by which
any right or liability is, or purports to be, created, transferred, modified,
limited, extended, suspended, extinguished or recorded.
(ii) Document : Document as per General Clauses Act, 1894 means any
matter expressed or described upon any substance by means of
letters, figures or marks, or by more than one of those means,
intended to be used, or which may be used, for the purpose of
recording that matter. As for instance, a writing is a document, words
printed, lithographed or photographed are documents; a map or plan
of a place or stone is a document. A caricature is a document. Thus
document is a paper or other material thing affording information, proof
or evidence of anything.
(iii) Deed : The term deed connects all the instruments by which two or
more persons agree to effect any right or liability.
A deed may be defined as a formal writing of a non-testamentary
character, which purports and operates to create, declare, confirm,
assign, limit or extinguish some right, title or interest.
A deed is a present grant rather than a mere promise to be
performed in the future. Deeds are in writing, signed, sealed and
delivered. Deeds are instruments , but all instruments are not deeds.
All deeds are documents. But it is not always that all documents
are deeds. A document under seal may not be a deed if it remains
undelivered e.g., a will, an award, a certificate of admission to a
learned society, a certificate of shares or stocks and share warrant to
bearer, an agreement signed by directors and sealed with the
company’s seal, license to use a patented article or letters of co-
ordinations.
2006 - June [8] (a) “Drafting of document is a skilled man’s job.” Explain this
statement with some important do’s and don’t’s in drafting. (5 marks)
Answer :
The essence of the process of drafting is synthesis of law and fact in a
languages. A proper understanding of drafting cannot be realised unless the
nexus between the law, the facts and the language is fully understood and
2.8 Solved Scanner CS Prof. Prog. M - I Paper 2
accepted. This requires serious thinking followed by prompt action to reduce
the available information into writing with a legal meaning.
Some Do’s :
1. Reduce the group of words to single word;
2. Use simple verb for a group of words;
3. Avoid round-about construction;
4. Avoid unnecessary repetition;
5. Write shorter sentences;
6. Express the ideas in fewer words;
7. Prefer the active to the passive voice sentences;
8. Choose the right word;
9. know exactly the meaning of words and sentences you are writing; and
10. Put yourself in the place of reader, read the document and satisfy
yourself about the content, interpretation and the sense it carries.
Some Don’ts : The following things should be avoided while drafting the
documents :
(a) Avoid the use of words of same sound. For example, the words
"Employer" and "Employee".
(b) When the clause in the document is numbered it is convenient to refer
to any one clause by using single number for it. For example, "in clause
2 above" and so on.
(c) Negative in successive phrases would be very carefully employed.
(d) Draftsman should avoid the use of words "less than" or "more than”,
instead they must use "not exceeding".
(e) If the draftsman has provided for each of the two positions to happen
without each other and also happen without, "either" will not be
sufficient; he should write "either or express the meaning of the two in
other clauses.
In writing and typing the following mistakes always occur which should
be avoided:
1. "And" and "or";
2. "Any" and "my";
3. "Know" and "now";
4. "Appointed" and "Applied";
5. "Present" and "Past" tense.
[Chapter # 1] General Principles of Drafting-I 2.9
2007 - Dec [6] (a) What are the important principles which a draftsman
should keep in mind in drafting and conveyancing? (3 marks)
Answer :
The following principles of drafting & conveyancing must be adhered to :
(a) Fowler’s five principles of drafting. According to Fowler, "anyone who
wishes to become a good writer should endeavour, before he allows
himself to be tempted by more showy qualities, to be direct, simple, brief,
vigorous and lucid".
The principle referred to above may be translated into general in the
domain of vocabulary as follows:
(i) Prefer the familiar word to the far fetched (familiar words are readily
understood).
(ii) Prefer the concrete word to the abstract (concrete words make
meaning more clear and precise).
(iii) Prefer the single word to the circumlocution (single word gives direct
meaning avoiding adverb and adjective).
(iv) Prefer the short word to the long (short word is easily grasped).
(v) Prefer the Saxon word to the Roman (use of Roman words may
create complications to convey proper sense to an ordinary person
to understand).
(vi) Always prefer active voice to the passive voice in the drafting of
documents.
(b) Outline the contents of a document before drafting.
(c) Skeleton draft and its self-appraisal.
(d) Legal provisions must be complied with.
2009 - June [5] (a) Explain in detail the general principles of drafting and
conveyancing and other writings. (12 marks)
Answer :
Drafting of legal documents requires skill, At the very first instance, the
names, description and the addresses of the parties to the instrument must
be ascertained by a draftsman. He must obtain particulars about all
necessary matters which are required to form part of the instrument. He must
also note down with provision any particular directions or stipulations which
are to be kept in view and to be incorporated in the instrument. The duty of
a draftsman is to express the intention of the parties clearly and concisely in
2.10 Solved Scanner CS Prof. Prog. M - I Paper 2
technical language. With this end in view , he should first form a clear idea
of what these intentions are.
A corporate executive, therefore, must note down the most important
requirements of law which must be fulfilled while drafting complete
instrument on the subject. Knowledge of law of the land in general and
knowledge of the special enactments applicable in a particular situation is an
essential requirement for a draftsman to ensure that the provisions of the
applicable law are not violated or avoided. A limited company can do only
that much which it is authorised by its memorandum. Further, a company
being a legal entity, must necessarily act through its authorised agents. A
deed, therefore, should be executed by a person duly authorised by the
directors by their resolution or by their power of attorney.
It is also to be ensured that the format of documents adopted adheres
to the customs and conventions in vogue in the business community or in the
ordinary course of legal transactions. For any change in the form of such
document, use of juridical and technical language should invariably be
followed. The statements of negatives should generally be avoided. The
order of the draft should be strictly logical. Legal language should be, to the
utmost possible extent, precise and accurate. The draft must be readily
intelligible to layman.
Document should be supported by the schedules enclosures or
annexures in case any reference to such material has been made in that.
2010 - June [1] {C} (b) What are the do’s and don’ts which should be
considered while drafting documents? (5 marks)
Answer :
Please refer 2006 - June [8] (a) on page no. 20
2010 - Dec [1] {C} (a) “Drafting of petitions, deeds and documents is an art.
Even acquiring working knowledge in this demands application of skills of
higher order.” Discuss pin-pointing the skills and tasks involved in such an
exercise. (10 marks)
(b) In the present litigational corporate scenario, what are the role
expectations from a Company Secretary with regard to drafting and
conveyancing? (5 marks)
Answer :
(a) The essence of the process of drafting is synthesis of law and fact in a
[Chapter # 1] General Principles of Drafting-I 2.11
language. A proper understanding of drafting cannot be realised unless
the nexus between the law, the facts, and the language is fully
understood and accepted. Drafting of legal documents requires, as a
pre-requisite, the skills of a draftsman, the knowledge of facts and law
so as to put facts in a systematised sequence to give a correct
presentation of legal status, privileges, rights and duties of the parties,
their obligations, terms and conditions, breaches and remedies etc. in a
self-contained and self-explanatory form without any patent or latent
ambiguity or doubtful connotation. This requires serious thinking followed
by prompt action to reduce the available information into writing with a
legal meaning.
A draftsman, in the first instance, must ascertain the names,
description and addresses of the parties to the instrument. He must
obtain particulars about all necessary matters which are required to form
part of the instrument. He must also note down with provision any
particular directions or stipulations which are to be kept in view and to be
incorporated in the instrument.
When the draftsman has digested the facts, he should next consider
as to whether those intentions can be given effect to without offending
against any provision of law. A corporate executive, therefore, must note
down the most important requirements of law which must be fulfilled
while drafting complete instrument on the subject. Knowledge of law of
the land in general and knowledge of the special enactments applicable
in a particular situation is an essential requirement for a draftsman to
ensure that the provisions of the applicable law are not violated or
avoided.
It is also to be ensured that the format of documents adopted
adheres to the customs and conventions in vogue in the business
community or in the ordinary course of legal transactions. For any
change in the form of such document, use of juridical and technical
language should invariably be followed. The statements of negatives
should generally be avoided. The order of the draft should be strictly
logical. Legal language should be, to the utmost possible extent, precise
and accurate. The draft must be readily intelligible to layman. Document
should be supported by the Schedules, enclosures or annexures in case
any reference to such material has been made in that.
2.12 Solved Scanner CS Prof. Prog. M - I Paper 2
(b) The Company Secretary is an expert professional well versed with
company affairs and administration. He is supposed to act as a fulcrum
for effective corporate governance. Now law is an integral part of
corporate administration both as per statutes as well as general rules of
practice. So the Company Secretary must have some basic proficiency
in law relating to company administration.
Besides, a Company Secretary acts as an authorized representative
before various Tribunals/quasi judicial bodies. It is necessary for him to
learn art of advocacy or court craft for effective delivery or results to his
clients when he acts as an authorized representative before any
tribunal/quasi judicial body.
For winning a case, art of advocacy is important. Advocacy/court
craft is learned while entering the practicing side of the profession. Apart
from the legal side of the professional advocacy is often useful and
sometimes vital in client interviewing in negotiation and in meetings,
client seminars and public lectures. It is a valuable and lifelong skill worth
mastering.
Technical and legal knowledge about the area in which Company
Secretaries are acting is essential. Better their knowledge, the better
their advocacy skills and the greater their impact. Good advocacy or
negotiating skills will not compensate for lack of appropriate knowledge.
2011 - June [1] {C} (a) In India, there is no law on conveyancing or
interpretation of documents. Explain how disputed ambiguous formal deeds
can be judicially decided then. (8 marks)
Answer :
Principles of interpretation of deeds and documents are:
(A) Formal Agreements:- The following rules of interpretation may be
applied:
(i) Under Section 91 of the Evidence Act provides that a deed
constitute the primary evidence of the terms of a Contract, or of a
grant or of any other disposition of property.
(ii) In case of uncertainty, the rule embodied in provisions 2 and 6 of
section 92 of the Evidence Act can be invoked for construing a
deed -
(iii) The cardinal rule is that clear and unambiguous words prevail over
any hypothetical consideration.
[Chapter # 1] General Principles of Drafting-I 2.13
(iv) Sometimes a contract is completed in two parts:-
(a) An executory contract is executed
(b) An executed contract
(v) The court must interpret the words in their popular, natural and
ordinary sense, subject to certain exceptions as,
(a) Where the contract affords an interpretation different from the
ordinary meaning of the words; or
(b) Where the conventional meanings are not the same with their
legal sense.
(vi) All mercantile documents should receive a liberal construction.
(vii) If certain words employed in business, or in a particular locality have
been used in particular sense, they must prima facie be construed
in technical sense.
(viii) The ordinary grammatical interpretation is not to be followed, if it is
repugnant to the general context.
(ix) If the main clause is clear and the contingency mentioned in the
proviso does not arise, the proviso is not attracted at all and its
language should not be referred to for construing the main clause
in a manner contradictory to its import.
(x) As a general rule of construction of documents, the recitals are not
looked into, if the terms of the deed are otherwise clear. If in a deed
the operative part is clear, or the intention of the parties is clearly
made out, whether consistent which the recitals or not, the recitals
have to be disregarded.
(xi) Sometimes a standard form is used, particularly in contracts with
government departments on big corporations. In these standard
printed forms, words not applicable are deleted according to the
requirements of individual transactions.
(B) Informal Agreements:
In interpretation of informal agreements the rule to be applied is that of
reasonable expectation; that is to say the agreement is to be interpreted
in the sense in which the party who used the words in question should
reasonably have apprehended that the other party may apprehend them.
2011 - Dec [1] {C} (a) “All instruments are legal documents, but all legal
documents are not instruments.” Critically evaluate with reference to leading
cases. (10 marks)
2.14 Solved Scanner CS Prof. Prog. M - I Paper 2
Answer :
According to Section 3 of the Indian Evidence Act, 1872, defines Document
as “any matter expressed or described upon any substance by means of
letter, figures, or marks, or more than one of these means, intended to be
used or which may be used for purposes of recording that matter.
Examples:
(i) Writings;
(ii) Prints;
(iii) Maps;
(iv) A caricature
(v) Photo
(vi) Video etc.
However, an instrument is a specific type of legal document used or intended
to be so used or capable of being used as evidence of:
— Financial / monetary / legal right or liability.
— Purports to be so created, transferred.
modified, limited, extended, suspended, extinguished or recorded those
rights and liabilities.
The word instrument has been interpreted in different judgements by
different courts with reference to the different enactment.
Example :
1. As per Section 2(b) of the Notaries Act, 1952 and Section 2(14) of the
Indian Stamp Act, 1899, the word “instrument” includes every document
by which any right or liability is or purports to be created, transferred,
modified limited, extended, suspended, extinguished or recorded.
2. “Instrument” include awards made by Industrial Court. (Purshottam v.
Potdar).
3. “Instrument” does not includes Act of Parliament unless there is a
statutory definition to that effect in any Act. (V.P. Sugar Works v. C.I. of
Stamps).
4. A Will is an instrument (Bishun V. Suraj Mukhi).
5. The word “instrument” in Section 1 of the Interest Act is wide enough of
cover a decree (Savitribai V. Radhakishna).
2011 - Dec [2] (a) Explain the following:
(i) Fowler’s five rules of drafting. (4 marks)
[Chapter # 1] General Principles of Drafting-I 2.15
Answer :
Please refer 2005 - Dec [7] (b) (ii) on page no. 14
2012 - June [8] Examine and comment on the following :
(b) No special skills except a good knowledge of language is necessary for
drafting a good legal document. (6 marks)
Answer :
The statement is incorrect :
because, following skills are pre-requisite for drafting legal documents, such
as :
(a) agreements;
(b) contracts;
(c) deeds;
(d) notices etc.
Between the parties, clients, bank, financial institutions employee etc.
The knowledge of fact and law and analytical ability to record them in
systematic manner to give a correct presumption of :
(a) legal status :
(b) privileges;
(c) rights and liabilities of the parties;
(d) duties of the parties;
(e) terms and conditions breaches ; and remedies etc.
The draftsman should possess written communication skills to express
concisely in intention of the parties clearly in technical language. The
draftsman should also keep his eye on the rules and case-law or meaning
of particular words and choose his phraseology to fit them.
Hence, drafting must be legally perfect to resolve the dispute.
2013 - Dec [5] (a) “Drafting may be defined as the synthesis of law and fact
in a language form.” Explain. (8 marks)
Answer:
Drafting may be defined as the synthesis of law and fact in a language form
[Stanley Robinson: Drafting its application to conveyancing and commercial
document 1980]
(i) All three characteristics rank equally in importance.
(ii) Legal drafting is the crystallization and expression in definitive form of
a legal right, privilege function, duty or status.
2.16 Solved Scanner CS Prof. Prog. M - I Paper 2
(iii) Legal instrument such as constitution, status, regulations, ordinances,
contract, wills, conveyances, indentures, trusts and leases.
NOTE: The process of drafting operates in two planes, the conceptual and
verbal besides seeking the right words, Drafting, therefore, is first thinking
and second composing.
2014 - June [2] (b) “KISS is a basic rule of drafting and pleading. Anyone
who wishes to become a good writer should endeavour to be direct, simple,
brief, vigorous and lucid.” Comment. (6 marks)
Answer :
The following principles of drafting & conveyancing must be adhered to :
(a) Fowler’s five principles of drafting. According to Fowler, "anyone who
wishes to become a good writer should endeavour, before he allows
himself to be tempted by more showy qualities, to be direct, simple, brief,
vigorous and lucid".
The principle referred to above may be translated into general in the
domain of vocabulary as follows:
(i) Prefer the familiar word to the far fetched (familiar words are readily
understood).
(ii) Prefer the concrete word to the abstract (concrete words make
meaning more clear and precise).
(iii) Prefer the single word to the circumlocution (single word gives direct
meaning avoiding adverb and adjective).
(iv) Prefer the short word to the long (short word is easily grasped).
(v) Prefer the Saxon word to the Roman (use of Roman words may
create complications to convey proper sense to an ordinary person
to understand).
(vi) Always prefer active voice to the passive voice in the drafting of
documents.
(b) Outline the contents of a document before drafting.
(c) Skeleton draft and its self-appraisal.
(d) Legal provisions must be complied with.
2014 - Dec [1] {C} (c) Explain in detail the general principles of drafting and
conveyancing. (10 marks)
Answer:
Please refer 2009 - June [5] (a) on page no. 22
[Chapter # 1] General Principles of Drafting-I 2.17
Repeatedly Asked Questions
No. Question Frequency
1 Distinguish between of 'Conveyance' and 'contract'. 3 Times
06 - June [7] (a),
09 - June [3] (a) (i), 11 - Dec [7] (b) (i)
2 Write a note on ‘covenants and undertakings’. 2 Times
08 - June [6] (b), 10 - Dec [7] (b)
3 Explain in detail the general principles of drafting and
conveyancing.
07 - Dec [6] (a),14 - June [2] (a) 3 Times
14 - Dec [1] {C} (c)
Table Showing Marks of Compulsory Questions
Year 10 11 11 12 12 13 13 14 14 15
D J D J D J D J D J
Descriptive 15 8 10 10
Total 15 8 10 10