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Contracts

(Querist) 11 February 2010 This query is : Resolved 
Draft agreements or contract provided by solicitor or Advocate to client for verification. In such cases, which are the things or points that client has to check in draft?
Raj Kumar Makkad (Expert) 11 February 2010
He should go in depth of the facts mentioned therein and documents relied upon before signing it.
Parveen Kr. Aggarwal (Expert) 11 February 2010
The client has to check, inter alia, the folowing points:

1. That all the facts told to the Solicitor of Advocate has been incorporated in the Draft Agreement.
2. That all the terms and conditions settled with the other party have been incorporated in the Draft Agreement.
3. That the terms settled with the other party fulfills the requirement.
4. That the rights and obligations between the parties have been clearly defined in unambiguous manner and that there is no ambiguity in the language used in the Draft Agreement.
5. That property number of other particulars tally with the revenue or other record.
6. That provision for penalty/consequences for default in performance of the agreement have been made.
7. That such condition as is not suitable has not been incorporated in the Draft Agreement.
8. And if possible (party can understand legal provision) that any of the terms of the Draft Agreement does not violate any legal provision.


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