WS3: Drafting
IP Outcomes:
P
1. Draft basic legal documents which are clear, logical, consistent and
appropriately structured
2. Take the steps required to ensure that your drafting complies with any
relevant statutory and procedural requirements
3. Demonstrate critical use of a precedent by identifying and correcting
omissions, errors and unnecessary provisions
Checklist:
WS Assessmen Key Lecture/ Workboo Exam Past
Guid t Guidance Reading Tutorial Notes k Tables/ Papers &
e & Consolidated Notes Specime
Worksho Prepare n
p Prep d
✓ ✓ ✓ ✓ ✓ ✓
docs_332930651.docx 221 © The University of Law Limited
, Assessment
- Assessed in Dispute Resolution
- 24 hour take away
- Similar time to DR module (beginning of 2021)
docs_332930651.docx 222 © The University of Law Limited
, Preparatory Notes
Instructions:
- Have a clear understanding of the clients wishes
- Establish all relevant facts
Research:
- Relevant law
Planning:
o Identify clients’ objectives
o Select appropriate structure
o Order of clauses: EXAMPLE
- Parties
- Definitions
- Agreement by Owner
- Payment
- Insurance
- Promises by Owner
- Duration of hire
- Hirer’s promises
- Remedies for breach
o Structure of clauses: EXAMPLE
- Use a separate clause for each separate matter
- Use sub-paragraphing to avoid long, cumbersome clauses and provisos
- Number each clause and sub-clause
- Give each clause a heading that correctly defines subject matter
1. Subject to Clause 2, the Licensee must purchase exclusively from the Grantor all
materials used in making the invention.
2. The Licensee may end the obligation contained in Clause 1 by giving the Grantor
three months’ notice in writing.
o Precedents
- Suitable structure
- Provisions that you have not through of and that will benefit the client
- Suitable wording
- Legal problems you had not considered
Drafting:
o Be precise and unambiguous – substance needs to be correct and comprehensive
o Definitions in alphabetical order – create a ‘tag’
o Active tense
o Check the undistributed make
o Expression of time
- From but excluding/not including
docs_332930651.docx 223 © The University of Law Limited
IP Outcomes:
P
1. Draft basic legal documents which are clear, logical, consistent and
appropriately structured
2. Take the steps required to ensure that your drafting complies with any
relevant statutory and procedural requirements
3. Demonstrate critical use of a precedent by identifying and correcting
omissions, errors and unnecessary provisions
Checklist:
WS Assessmen Key Lecture/ Workboo Exam Past
Guid t Guidance Reading Tutorial Notes k Tables/ Papers &
e & Consolidated Notes Specime
Worksho Prepare n
p Prep d
✓ ✓ ✓ ✓ ✓ ✓
docs_332930651.docx 221 © The University of Law Limited
, Assessment
- Assessed in Dispute Resolution
- 24 hour take away
- Similar time to DR module (beginning of 2021)
docs_332930651.docx 222 © The University of Law Limited
, Preparatory Notes
Instructions:
- Have a clear understanding of the clients wishes
- Establish all relevant facts
Research:
- Relevant law
Planning:
o Identify clients’ objectives
o Select appropriate structure
o Order of clauses: EXAMPLE
- Parties
- Definitions
- Agreement by Owner
- Payment
- Insurance
- Promises by Owner
- Duration of hire
- Hirer’s promises
- Remedies for breach
o Structure of clauses: EXAMPLE
- Use a separate clause for each separate matter
- Use sub-paragraphing to avoid long, cumbersome clauses and provisos
- Number each clause and sub-clause
- Give each clause a heading that correctly defines subject matter
1. Subject to Clause 2, the Licensee must purchase exclusively from the Grantor all
materials used in making the invention.
2. The Licensee may end the obligation contained in Clause 1 by giving the Grantor
three months’ notice in writing.
o Precedents
- Suitable structure
- Provisions that you have not through of and that will benefit the client
- Suitable wording
- Legal problems you had not considered
Drafting:
o Be precise and unambiguous – substance needs to be correct and comprehensive
o Definitions in alphabetical order – create a ‘tag’
o Active tense
o Check the undistributed make
o Expression of time
- From but excluding/not including
docs_332930651.docx 223 © The University of Law Limited
