Joint Drafting Clause
Definition and meaning
A Joint Drafting Clause is a provision included in legal agreements that states the document is mutually created by all parties involved. This clause aims to prevent any interpretation bias should a dispute arise regarding the wording or intent of the agreement. By stating that the agreement was collaboratively drafted, it reinforces the idea that no single party is responsible for the language used, thus fostering fairness in interpretation.
Who should use this form
This form is beneficial for anyone entering into a legal agreement, including individuals, businesses, and organizations. It is particularly useful for partnerships, co-owners of property, or any parties who wish to ensure that their agreement does not favor one side due to drafting authority. This clause helps clarify mutual intentions, making it ideal for agreements where equal contribution is essential.
Key components of the form
The key components of a Joint Drafting Clause typically include:
- The acknowledgment of mutual drafting: A statement confirming that the parties jointly contributed to the content of the agreement.
- Prevention of adverse interpretation: Clauses that explicitly prevent any interpretation against the party that drafted a particular provision.
- Scope of the clause: Clear definitions of which sections of the agreement are covered by the joint drafting declaration.
Benefits of using this form online
Utilizing a Joint Drafting Clause form online provides several advantages:
- Accessibility: Users can easily download and complete the form at their convenience.
- Cost-effective: Online forms often reduce costs associated with legal consultations by providing ready-to-use templates.
- Time-saving: Instant access allows users to quickly fill out and execute necessary agreements without delay.
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FAQ
The Company and Executive acknowledge and agree that this Agreement was jointly drafted by the Company on the one side and by Executive on the other side. Neither party, nor any party's counsel, shall be deemed the drafter of this Agreement in any proceeding that may hereafter arise between them.
No provision of this Agreement or any related document will be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or drafted such provision.
Essential aspects of contracts are (a) Parties (b) Obligations of the parties (c) Payment Terms (d) Integration Clause (e) Termination. The agreement may be worthless if the other party is unethical, unwilling to keep its commitments, and/or in poor financial health.
The contra proferentem rule, also known as ?interpretation against the draftsman? broadly states that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward.
Examples of the rule Contra Proferentem rule is a contract between two parties that tends to change a clause in a contract that has an ambiguous nature after the decision of the court. Insurance industries are the examples to it that can file complaints in the court if it finds a contract to be of such a nature.
Generally speaking, when applied this rule requires that any ambiguity or other contract terms which are subject to multiple reasonable interpretations will be given the interpretation which works against the party who drafted the document.
2019), "A contract or a provision in a contract is ambiguous if it is reasonably susceptible to more than one interpretation or construction." In other words, if both parties' interpretation is reasonable given the written language of the agreement, the contract may be ambiguous.
A draft is a preliminary version of a legal document and clause is a distinct section of a document.
