drafter
drafter. A person who draws or frames a legal document, such as a will, contract, or legislative bill. — Also termed draftsman.
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whereas
whereas,conj. 1. While by contrast; although (McWilliams was stopped at 10:08 p.m. wearing a green hat, whereas the assailant had been identified at 10:04 p.m. wearing a black hat). 2. Given the fact that; since (Whereas, the parties have found that their 1994 agreement did not adequately address incidental expenses …; and Whereas, the parties
he
he. A pronoun of the masculine gender, traditionally used and construed in statutes to include both sexes, as well as corporations. • It may also be read as they. Because of the trend toward nonsexist language, careful drafters avoid using the generic pronouns he, him, and his unless the reference is only to a male
contra proferentem
contra proferentem (kon-tr[schwa] prof-[schwa]-ren-t[schwa]m). [Latin “against the offeror”] The doctrine that, in interpreting documents, ambiguities are to be construed unfavorably to the drafter. — Also spelled contra proferentes. — Also termed ambiguity doctrine. [Cases: Contracts 155. C.J.S. Contracts § 337.]
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shall
shall, vb. 1. Has a duty to; more broadly, is required to (the requester shall send notice) (notice shall be sent). • This is the mandatory sense that drafters typically intend and that courts typically uphold. [Cases: Statutes 227. C.J.S. Statutes §§ 362–369.] 2. Should (as often interpreted by courts) (all claimants shall request mediation).
scrivener
scrivener (skriv-[[schwa]]-n[schwa]r). A writer; esp., a professional drafter of contracts or other documents. money scrivener. See MONEY SCRIVENER.
index animi sermo
index animi sermo (in-deks an-[schwa]-mIs[schwa]r-moh). [Latin] Speech is the index of the mind. • This maxim supports the concept that the language of a statute or instrument is the best guide to the drafter’s intent.
merchant
merchant. One whose business is buying and selling goods for profit; esp. a person or entity that holds itself out as having expertise peculiar to the goods in which it deals and is therefore held by the law to a higher standard of expertise than that of a nonmerchant. • Because the term relates solely
best evidence rule
The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing (or a mechanical, electronic, or other familiar duplicate, such as a photocopy) unless it is unavailable, in which case secondary evidence — the testimony of the drafter or a person who
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original intent
The mental state of the drafters or enactors of the U.S. Constitution, a statute, or another document.