Drafting of Agreements
Agreements are the essential of our day to day life. We need to draft various agreements for different matters. Suppose, we are purchasing a home or renting a home, doing any business, the agreement is required after every step.
There is some basic feature of drafting of Agreements which are mentioned below;-
- Agreement must be written
The Agreement must be written. Only oral agreement is not considered under the preview of law unless you present related proofs.
- Language
It is not a hard and fast rule that we should write Agreement in English Language. It may be written in local language of that area or in Hindi or in English. The words, which are being used in the Agreement, must be easy and understandable so that General People may understand the real meaning instantly.
- Explanation
The words which are being mentioned in the agreements must be explanative nature. Any words, which are full of confusion, should be avoided.
- Simple and Clear
The drafting of agreement must be in simple way. There is no need to put complicated sentences or words.The following do and do not should be considered at the time of drafting of agreement so that the agreement may be appeared in simple and Clear:-
Do:-
- Avoid unnecessary repetition Write shorter sentences
- Choose the right words Prefer the active to the passive sentences
- Express the ideas in fewer words
- Know exactly the meaning of the word Put yourself in place of reader, read the documents and satisfy yourself about the content, interpretation and sense it carries.
Don’t:-
- Avoid the use of words of same sound (Employer & Employee)
- We should avoid the use of words “Less than” or “more than”, we must use “not exceeding”
- Organized
The paragraphs of the agreement should be in sequence which is the art of drafting. At the time of drafting of Agreement, First, visualize the body of agreement and thereafter we should start to put the facts accordingly. In result of that the final structured and managed Agreement shall seem more clear and effective.
- Knowledge of Facts
Well knowledge of facts is more useful for drafting, without knowledge of facts, the drafting is just a formalities. Hence, before starting to draft of any agreement, we must be well versed of each facts of connected subject matter and full of awareness of that so that the drafting may be good and well.
- Numbering and Paragraph
Paragraph is made according to the contents. As soon as one incident of related facts is completed, make paragraph. Paragraph shows clear story and text. So every Paragraph should be in meaning full. It should be noted the at the time of making paragraphs, the sense of paragraph must be clear according to contents and similar types sentence shall be avoided during the Paragraph.
- Intention of Agreement
Legal officer must be aware the intention of agreement at the time of drafting. He is the person who knows the facts, who knows the intention and who knows the result of drafting. Hence, whatever he wants to reflect in the agreement, it must be shown thereafter so that other party may easily understand the meaning and intention of first party vice versa.
LEGAL POINTS
- Parties enter into agreement freely
At the time of entering into agreement, it must be sure that the parties which shall be bind through agreement have mutually agreed for binding.
- Offer
In simple view, when a person gives proposal to another person to signify his assent to do or not to do is called offer. As per Section 2 (a) of the Indian Contract Act, 1872, when one person signify to another his willingness to do or do abstain from doing anything with a view to obtaining assent of that other to such act or abstinence.
- Acceptance
In simple view, when a person signifies his assent to do or abstain from doing anything, the assent is called Acceptance of the Proposal or Offer. As per Section 2 (b) of the Indian Contract Act, 1872, a proposal or offer is said to have been accepted when the person to whom the proposal is made signify his assent to the proposal to do or not to do something.
- Contract
As per Section 2 (h) of the Indian Contract Act, 1872, an agreement enforceable by law. A final agreement shall be legally enforced when we take care followings:-
- Stamp Duty must be paid as per the prescribed rate of states.
- Wherever is required for Registration of Agreement, it also be registered accordingly.
- Both the parties must be signed.
- In case of parties is body corporate, the person who is signing on Agreement must have the board resolution, ID proof, One passport size photo and authority letter from Company. Thereafter the Company Seal shall be affixed.
- Witness clause is also important. At least Two Witness for each party must be present and they must put their hand on Agreement.
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