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Drafting - SQE2 - Coggle Diagram

- - - - EXCEPTIONS -> Conditions -> Obligations -> Rules
    - - Refer to any exceptions FIRST (eg subject to)
      - Set out the circumstances on which the legal right/obligation depends, and use the present tense. Eg if A does X, then B does Y.
      - Set out the writer obligation with the ACTIVe voice – ‘A must do X, Y, and Z’
      - Good vs Bad versions
        
        Good (note reader is signposted to exception at START)
        
        3.1 [Warranty]
        
        3.2 Subject to clause 3.3, if
        
        3.2.1 Customer gives notice in writing to the Supplier that the Goods do not comply with the Warranty set out in clause 3.1 no later than 5 Business Days after delivery; and
        
        3.2.2 Customer gives the Supplier reasonable opportunity to examine the Goods.
        
        The Supplier will, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
        
        3.3
        
        The Seller has no obligation to comply with the requirements of clause 3.2 after the Warranty Period has expired.
        
        Bad
        
        The Supplier will be liable to repair the Goods, replace the Goods, or refund the Goods if any are defective and do not comply with the warranty in the previous clause, provided that the Customer notifies the Supplier in writing that the Goods are defective no later than 5 Business Days after delivery and gives the Supplier reasonable opportunity to examine the Goods which are defective. This clause only applies to defective Goods notified to the Supplier during the Warranty Period.
- - - - Be consistent in definitions
        
        Ie don't mix 'buyer and purchaser' - pick 1 and stick with it
      - Use when:
        
        Term used more than once
      - (the 'Buyer')
      - If using a precedent document, follow the definitions given there
      - Definitions go in the front in alphabetical order, unless it is only used in 1 clause or schedule, in which case you can put it at the start of that clause so that the person doesn’t have to turn 20 pages bacl.
  - - - Use the active voice: ie ‘Buyer shall maintain X in good repair’ – NOT X shall be maintained in good repair. Ie ‘Seller must give notice’ – NOT Notice mustbe given
    - - Who: Who has to do something
      - What: when must they do
      - When: When must they do it
      - Where: Where/how do they do it
      - What if it goes wrong - what are the options
      - Treat it like an event invitation
        
        Date, time, place, any conditions
    - - Shall and must for obligations - instead of will
      - May for permission
      - Can for possibility
- - - - Demonstrate the substantive law underlying client's defence; eg that no duty of care existed or the client did not fall below it
      - Demonstrate the procedural knowledge
        
        Respond to each allegation in Particulars with:
        
        Admit, Non-Admit, Deny
  - - - If so, has the document clearly set it out by giving spaces for both signatures?
- - - - For a defence to Claim:
        
        Respond in order of the paragraphs in the PoC
      - Could be chronological
      - Contracts
        
        ECOR - see below in drafting assessment
        
        In a contract, you FIRST have the DEFINITIONS, then the MAIN POINT , then boilerplate clauses such as how to serve notice, governing jurisdiction, etc, And THEN execution clauses
    - - Use tabulated sub-paragraphs using appropriate numbering. In a contract, ensure each clause only deals with 1 issue and relates to any clause heading